AN ACT relating to forfeitures; requiring
the governing body which controls a law enforcement agency that receives
proceeds from the sale of forfeited property to establish a special account for
the deposit of such proceeds; providing for the control and use of money in the
account; and providing other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 179 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. The governing
body controlling each law enforcement agency that receives proceeds from the
sale of forfeited property shall establish with the state treasurer, county
treasurer, city treasurer or town treasurer, as custodian, a special account,
known as the .......................... forfeiture account. The account is a
separate and continuing account and no money in it reverts to the state general
fund or the general fund of the county, city or town at any time. For the purposes
of this subsection, the governing body controlling a metropolitan police
department is the metropolitan police committee on fiscal affairs.

2. The money in
the account may be used for any lawful purpose deemed appropriate by the chief
administrative officer of the law enforcement agency, except that:

(a) The money must not be
used to pay the ordinary operating expenses of the agency.

(b) Money derived from
the forfeiture of any property described in NRS 453.301 must be used to enforce
the provisions of chapter 453 of NRS.

Sec. 2. NRS 179.1156 is
hereby amended to read as follows:

179.1156 Except as otherwise provided in
NRS 207.350 to 207.520, inclusive, the provisions of NRS 179.1156 to 179.119,
inclusive, and section 1 of this act, govern the
seizure, forfeiture and disposition of all property and proceeds subject to
forfeiture.

Sec. 3. NRS 179.1157 is
hereby amended to read as follows:

179.1157 As used in NRS 179.1156 to
179.119, inclusive, and section 1 of this act,
unless the context otherwise requires, the words and terms defined in NRS
179.1158 to 179.1163, inclusive, have the meanings ascribed to them in those
sections.

Sec. 4. NRS 179.118 is
hereby amended to read as follows:

179.118 1. The
proceeds from any sale or retention of property declared to be forfeited must
be applied, first, to the satisfaction of any protected interest established by
a claimant in the proceeding, then to the proper expenses of the proceeding for
forfeiture and resulting sale, including the expense of effecting the seizure,
the expense of maintaining custody, the expense of advertising and costs of
suit.

2. Any
balance remaining after the distribution required by
subsection 1 must be deposited as follows:

[1.](a) If the plaintiff seized the property, in the [general fund of]special
account established pursuant to section 1 of this act by the governing
body which controls the plaintiff .[or, in the discretion of the governing body, in the
account of the plaintiff.

2.](b) If the plaintiff is a metropolitan police
department [:

(a) In the countys
general fund and credited to the general funds of the other participating
entities in the same proportion as other money is distributed among the
participating entities; or

(b) In the discretion of
the governing body which controls the plaintiff, in the account of the
plaintiff.

3.], in the special account established by the metropolitan
police committee on fiscal affairs pursuant to section 1 of this act.

(c) If more than
one agency was substantially involved in the seizure, in an equitable manner to
be directed by the court hearing the proceeding for forfeiture.

[4.](d) If the property was seized pursuant to NRS
200.760, in the state treasury for credit to the fund for the compensation of
victims of crime to be used for the counseling and the medical treatment of
victims of crimes committed in violation of NRS 200.366, 200.710, 200.720,
200.730 or 201.230.

Sec. 5. NRS 179.119 is
hereby amended to read as follows:

179.119 1. Any
law enforcement agency that receives forfeited
property or the proceeds of a sale of such property pursuant to the provisions
contained in NRS 179.1156 to 179.119, inclusive, shall [file]:

(a) File a
quarterly report of the approximate value of the property and the amount of the
proceeds with the entity that controls the budget of the agency [. Anticipated revenue]; and

(b) Provide the entity
that controls the budget of the agency with a quarterly accounting of the
receipt and use of the proceeds.

2. Revenue
from forfeitures must not be considered in the preparation or adoption of the budget of a law enforcement agency
except as money to match money from the Federal Government.

________

κ1989
Statutes of Nevada, Page 1791κ

CHAPTER 758, SB 230

Senate Bill No. 230Committee on Judiciary

CHAPTER 758

AN ACT relating to mobile home parks;
requiring a landlord to disclose in writing to each tenant the name, address
and telephone number of the owner of the park; prohibiting the landlord from
charging a fee for pets kept by a tenant unless special facilities or services
are provided; prohibiting the landlord from increasing the rent to recover
revenue lost when a service, utility or amenity is decreased or eliminated;
providing civil penalties for the unlawful termination of a tenancy; and
providing other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 118B of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 to
5, inclusive, of this act.

Sec. 2. A change of a rental agreement includes the renewal of a
rental agreement and a new rental agreement.

Sec. 3. Tenant means the owner of a mobile home which is located on
a mobile home lot in a mobile home park.

Sec. 4. Terms of a rental agreement include:

1. The amount of
rent;

2. All services
and utilities provided to the tenant; and

3. Any rules and
regulations adopted by the landlord.

Sec. 5. Utility includes a public utility which provides:

1. Electricity;

2. Natural gas;

3. Liquefied
petroleum gas;

4. Cable
television;

5. Sewer services;

6. Garbage
collection; or

7. Water.

Sec. 6. NRS 118B.010 is
hereby amended to read as follows:

118B.010 As used in this chapter, unless
the context otherwise requires, the words and terms defined in NRS 118B.011 to
118B.018, inclusive, and sections 2 to 5, inclusive, of
this act, have the meanings ascribed to them in those sections.

Sec. 7. NRS 118B.024 is
hereby amended to read as follows:

118B.024 1. The administrator shall adopt regulations to carry out the
provisions of this chapter.

2. In order
to carry out the provisions of this chapter, the administrator may, upon
receiving a complaint alleging a violation of this chapter or any regulation
adopted pursuant thereto:

(a) Issue subpenas for the production of books,
papers and documents which are strictly relevant to the complaint;

(b) Mediate grievances between landlords and
tenants of mobile home parks; and

(c) Make inspections and provide technical
services necessary to administer the provisions of this chapter.

[2.]3. The administrator or his representative
may inspect at reasonable times in a reasonable manner the premises and books,
papers, records and documents which are required to enforce the provisions of
this chapter.

Sec. 8. NRS 118B.040 is
hereby amended to read as follows:

118B.040 1. A written rental
agreement [or lease] may be
executed between a landlord and tenant to rent or lease any mobile home lot.
The landlord shall give the tenant a copy of the agreement ,[or lease,]
if any, at the time the tenant signs it.

2. Any such written rental agreement [or lease] must contain but is not
limited to provisions relating to the following subjects:

(a) [Duration]The duration of the agreement.

(b) [Amount]The amount of rent, the manner and time of its
payment and the amount of any charges for late payment and dishonored checks.

(c) Restrictions on occupancy by children or
pets.

(d) Services and utilities included with the [lot] rental of a
lot and the responsibility of maintaining or paying for them, including
the charge, if any, for cleaning the lots.

(e) Fees which may be required and the purposes
for which they are required.

(f) Deposits which may be required and the
conditions for their refund.

(g) Maintenance which the tenant is required to
perform and any appurtenances he is required to provide.

(h) The name and address of the owner of the
mobile home park and his authorized agent.

(i) Any restrictions on subletting.

(j) The number of and charges for persons who
are to occupy a mobile home or recreational vehicle on the lot and their ages.

(k) Any recreational facilities and other
amenities provided to the tenant and any deposits or fees required for their
use.

(l) Any restriction of all or part of the park
to adults or older persons.

(m) A marking or designation of the mobile home
lot sufficient to inform the tenant of its boundaries.

Sec. 9. NRS 118B.070 is
hereby amended to read as follows:

118B.070 The landlord shall [provide]:

1. Provide
each tenant with [:

1. The]a current text of the provisions of this chapter
with the rental agreement [and in a notice posted]at the time the tenant signs the agreement.

2. Post a copy of
the provisions of this chapter and the address and telephone number of the
manufactured housing division of the department of commerce in a
conspicuous place in the parks community or recreation facility or other
common area.

[2. An
amended text of the provisions of this chapter and correct the posted copy]

3. Correct the
posted copy of the provisions of this chapter and those he provides to a new
tenant with the rental agreement each time new provisions are added or
existing provisions are subsequently amended or repealed, within 90 days after
the amendments become effective.

118B.080 1. The landlord
shall disclose in writing to each tenant the [name,
address]:

(a) Name, address
and telephone number of the owner and manager or
assistant manager of the mobile home park [, and
any change thereof. The landlord shall also disclose in writing to each tenant
the name and]; and

(b) Name and address
of [:

(a) A]a person authorized to receive service of process for
the landlord ,[;
and

(b) The owner of the
mobile home park,]

and any change thereof.

2. The information must be furnished in
writing to each new tenant on or before the commencement of his tenancy and to
each existing tenant.

Sec. 11. NRS 118B.090 is
hereby amended to read as follows:

118B.090 The landlord shall:

1. Maintain all common areas of the park
in a clean and safe condition; [and]

2. Maintain in good working order all
electrical, plumbing and sanitary facilities, appliances and recreational
facilities which he furnishes [.]; and

3. Maintain in a
safe and secure location individual mail boxes for the tenants if the mail is
delivered to the landlord for distribution to the tenants.

Sec. 12. NRS 118B.100 is
hereby amended to read as follows:

118B.100 1. The landlord may
adopt rules or regulations concerning the tenants use and occupancy of the
mobile home lot and the grounds, areas and facilities of the mobile home park
held out for the use of the tenants generally.

2. All such rules or regulations must be:

(a) Reasonably related to the purpose for which
they are adopted;

(b) Sufficiently explicit in their prohibition,
direction or limitation to inform the tenant of what he must do or not do for
compliance;

(c) Adopted in good faith and not for the
purpose of evading any obligation of the landlord arising under the law;

(d) Consistent with the provisions
of this chapter and a general plan of operation, construction or
improvement, and must not arbitrarily restrict conduct or require any capital
improvement by the tenant which is not specified in the rental agreement or
unreasonably require a change in any capital improvement made by the tenant and
previously approved by the landlord unless the landlord can show that it is in
the best interest of the other tenants; and

(e) Uniformly enforced against all tenants in
the park, including the managers. Any rule or regulation which is not so
uniformly enforced may not be enforced against any tenant.

3. No rule or regulation may be used to
impose any additional charge for occupancy of a mobile home lot or modify the
terms of a [lease or] rental
agreement.

4. Except as otherwise provided in
subsection 5, a rule or regulation is enforceable against the tenant only if he
has notice of it at the time he enters into the rental agreement. A rule or
regulation adopted or amended after the tenant enters into the rental agreement
is not enforceable unless the tenant consents to it in writing or is given 60
days notice of it in writing. A notice in a periodic
publication of the park does not meet the requirement for notice under this
subsection.

a periodic publication of the park does not meet the requirement
for notice under this subsection.

5. A rule or regulation pertaining to
recreational facilities in the mobile home park must be in writing to be enforceable.
[Such rules and regulations may be amended and
enforced by the landlord without the tenants consent if the tenant is given 30
days written notice of the amendment.

6. The landlord
may adopt any rules or regulations which are not inconsistent with the
provisions of this chapter.

7.]6. For the purposes of this section,
capital improvement means [any addition or
change to the land or buildings which increases its value more than a repair or
replacement would increase its value.]an
addition or betterment made to a mobile home park that:

(a) Consists of more than
the repair or replacement of an existing facility;

(b) Is required by
federal law to be amortized over its useful life for the purposes of income
tax; and

(c) Has a useful life of
5 years or more.

Sec. 13. NRS 118B.110 is
hereby amended to read as follows:

118B.110 1. The landlord
shall meet with a representative group of tenants occupying the park, chosen by
the tenants, to hear any complaints or suggestions which concern a matter
relevant to the park within 45 days after he receives a written request to do
so which has been signed by [25 percent of the
tenants occupying the park.]persons
occupying at least 25 percent of the lots in the park. The 25 percent must be calculated
on the basis of one signature per occupied lot. The meeting must be held
at a time and place which is convenient to the landlord and the tenants. The
representative group of tenants must consist of no more than five persons.

2. At least 10 days before any meeting is
held pursuant to this section the landlord or his agent shall post a notice of
the meeting in a conspicuous place in a common area of the park.

3. If the landlord is not a natural
person, the landlord shall appoint a natural person, not the manager or
assistant manager, who possesses a financial interest in the mobile home park
to meet with the tenants.

Sec. 14. NRS 118B.140 is
hereby amended to read as follows:

118B.140 The landlord or his agent or
employee shall not:

1. Require a person to purchase a mobile
home from him or any other person as a condition to renting a mobile home lot
to the purchaser or give an adjustment of rent or fees, or provide any other
incentive to induce the purchase of a mobile home from him or any other person.

2. Charge or receive:

(a) Any entrance or exit fee for assuming or
leaving occupancy of a mobile home lot.

(b) Any transfer or selling fee or commission as
a condition to permitting a tenant to sell his mobile home or recreational
vehicle within the mobile home park even if the mobile home or recreational
vehicle is to remain within the park, unless the landlord is licensed as a dealer of mobile homes pursuant to NRS
489.311 and has acted as the tenants agent in the sale pursuant to a
written contract.

(c) [Any security
or damage deposit the purpose of which is to avoid compliance with the provisions
of subsection 3 of NRS 118B.150.

(d)] Any fee for
the tenants spouse or children .[other than as provided in the lease.

(e) Any unreasonable]

(d) Any fee for
pets kept by a tenant in the park. If special facilities or services are
provided, the landlord may also charge a fee reasonably related to the cost of
maintenance of the facility or service and the number of pets kept in the
facility.

[(f)](e) Any additional service fee unless the
landlord provides an additional service which is needed to protect the health
and welfare of the tenants, and written notice advising each tenant of the
additional fee is sent to the tenant 90 days in advance of the first payment to
be made, and written notice of the additional fee is given to prospective
tenants on or before commencement of their tenancy. A tenant may only be
required to pay the additional service fee for the duration of the additional
service.

[(g)](f) Any fee for a late monthly rental payment
within 4 days of the date the rental payment is due or which exceeds $1 for
each day which the payment is overdue, beginning on the day after the payment
was due. Any fee for late payment of charges for utilities must be in
accordance with the requirements prescribed by the public service commission of
Nevada.

Sec. 15. NRS 118B.150 is
hereby amended to read as follows:

118B.150 The landlord or his agent or
employee shall not:

1. Increase rent or additional charges
unless:

(a) The rental increase is the same amount for
each space in the park, except that a discount may be selectively given to
persons who are handicapped or who are 62 years of age or older, and any
increase in additional charges for special services is the same amount for each
tenant using the special service; and

(b) Written notice advising a tenant of the
increase is received by the tenant 90 days in advance of the first payment to
be increased and written notice of the increase is given to prospective tenants
before commencement of their tenancy.

2. Require a tenant to pay his rent by
check.

3. [Except
as otherwise provided in this subsection, prohibit]Prohibit or require fees or deposits [which are not of a fixed amount] for any
meetings held in the parks community or recreational facility by the tenants
or occupants of any mobile home or recreational vehicle in the park to discuss
the parks affairs, or any [tenant-sponsored]
political or social meeting [,]sponsored by a
tenant, if the meetings are held at reasonable hours and when the
facility is not otherwise in use, or prohibit the distribution of notices of
such meetings.

4. Interrupt, with the intent to
terminate occupancy, any utility service furnished the tenant except for
nonpayment of utility charges when due. Any landlord who violates this
subsection is liable to the tenant for actual damages.

5. Prohibit a tenant from having guests,
but he may require the tenant to register the guest within 48 hours after his
arrival, Sundays and holidays excluded, and if the park is a secured park a
guest may be required to register upon entering and leaving.

6. Charge a fee for a guest who does not
stay with the tenant for more than [30
consecutive days or] a total of 60 days in a calendar year. The
tenant of a mobile home lot who is living alone may allow one other person to
live in his home without paying any additional charge or fee. No agreement
between a tenant and his guest alters or varies the terms of the rental
contract [or lease] between the
tenant and the landlord and the guest is subject to the rules and regulations
of the landlord.

7. Prohibit any tenant from soliciting
membership in any association which is formed by the tenants who live in the
park. For purposes of this subsection, solicit means to make an oral or
written request for membership or the payment of dues or to distribute, circulate
or post a notice for payment of such dues.

8. Prohibit a public officer or candidate
for public office from walking through the park to talk with the tenants.

Sec. 16. NRS 118B.153 is
hereby amended to read as follows:

118B.153 The amount of rent charged a
tenant for a service , utility or amenity upon
moving into the mobile home park must be reduced proportionately when the
service , utility or amenity is decreased or
eliminated by the landlord. The landlord may not
increase the rent to recover the lost revenue.

Sec. 17. NRS 118B.160 is
hereby amended to read as follows:

118B.160 The landlord or his agent or
employee shall not:

1. Deny any tenant the right to sell his
mobile home or recreational vehicle within the park or require the tenant to
remove the mobile home or recreational vehicle from the park solely on the
basis of the sale, except as provided in NRS 118B.170.

2. Prohibit any tenant desiring to sell
his mobile home or recreational vehicle within the park from advertising the
location of the vehicle and the name of the mobile home park or prohibit the
tenant from displaying at least one sign of reasonable size advertising the
sale of the vehicle.

3. Require that he be an agent of an
owner of a mobile home or recreational vehicle who desires to sell the vehicle.

4. Unless subleasing of lots is
prohibited by a written [lease]rental agreement or a general regulation of the park if
there is no written [lease,]rental agreement, unreasonably prohibit a tenant from
subleasing his mobile home lot if the prospective subtenant meets the general
requirements for tenancy in the park.

Sec. 18. NRS 118B.177 is
hereby amended to read as follows:

118B.177 1. If
a landlord closes a mobile home park he shall pay the cost of moving each
tenants mobile home and its appurtenances to a new location within 20 miles
from the mobile home park, including fees for inspection , any deposits for connecting utilities and the cost of
taking down, moving, setting up and leveling the mobile home and its
appurtenances in the new lot or park.

2. Written
notice of the closure must be served on each tenant in the manner provided in
NRS 40.280, giving the tenant at least 180 days after the date of the notice
before he is required to move his mobile home from the lot.

Sec. 19. NRS 118B.180 is
hereby amended to read as follows:

118B.180 1. A landlord may
convert an existing mobile home park into individual mobile home lots for sale
to mobile home owners if the change is approved by the
appropriate local zoning board, planning commission or governing body, and:

approved by the appropriate local zoning board, planning commission
or governing body, and:

(a) The landlord gives notice in writing to each
tenant within 5 days after he files his application for the change in land use
within the local zoning board, planning commission or governing body;

(b) The landlord offers to sell the lot to the
tenant at the same price the lot will be offered to the public and holds that
offer open for at least 75 days before he offers the lot for sale to the
public;

(c) The landlord does not sell an occupied lot
for more than a vacant lot of similar location, size and shape;

(d) The landlord pays the cost of moving the
tenants mobile home and its appurtenances to a [new]comparable location within 20 miles from the
mobile home park, including fees for inspection , any
deposits for connecting utilities and the cost of taking down, moving,
setting up and leveling his mobile home and its appurtenances in the new lot or
park; and

(e) After the landlord is granted final approval
of the change by the appropriate local zoning board, planning commission or
governing body, notice in writing is served on each tenant in the manner
provided in NRS 40.280, giving the tenant at least 180 days after the date of
the notice, before he is required to move his mobile home from the lot.

2. Upon the sale of a mobile home lot and
a mobile home which is situated on that lot, the landlord shall indicate what
portion of the purchase price is for the mobile home lot and what portion is
for the mobile home.

Sec. 20. NRS 118B.183 is
hereby amended to read as follows:

118B.183 1. A
landlord may convert an existing mobile home park to any other use of the land
if the change is approved by the appropriate local zoning board, planning
commission or governing body, and:

[1.](a) The landlord gives notice in writing to each
tenant within 5 days after he files his application for the change in land use
with the local zoning board, planning commission or governing body;

[2.](b) The landlord pays the cost of moving the
tenants mobile home and its appurtenances to a new location within 20 miles
from the mobile home park, including fees for inspection , any deposits for connecting utilities and the cost of
taking down, moving, setting up and leveling his mobile home and its
appurtenances in the new lot or park; and

[3.](c) After the landlord is granted final approval
of the change by the appropriate local zoning board, planning commission or
governing body, written notice is served on each tenant in the manner provided
in NRS 40.280, giving the tenant at least 180 days after the date of the notice
before he is required to move his mobile home from the lot.

2. A landlord
shall not increase the rent of any tenant for 180 days before applying for a
change in land use, permit or variance affecting the mobile home park.

Sec. 21. NRS 118B.210 is
hereby amended to read as follows:

118B.210 The landlord shall not terminate
a tenancy, refuse to renew a tenancy, willfully harass a tenant, increase rent
or decrease services he normally supplies, or bring or threaten to bring an
action for possession of a mobile home lot as retaliation upon the tenant
because:

1. He has complained in good faith about
a violation of a building, safety or health code or regulation pertaining to a
mobile home park to the governmental agency responsible for enforcing the code
or regulation.

2. He has complained to the landlord concerning
the maintenance, condition or operation of the park or a violation of any
provision of NRS 118B.040 to 118B.220, inclusive, and NRS 118B.240.

3. He has organized or become a member of
a tenants league or similar organization.

4. He has requested the reduction in rent
required by :

(a) NRS 118.165 as
a result of a reduction in property taxes.

(b) NRS 118B.153 when a
service, utility or amenity is decreased or eliminated by the landlord.

5. A citation has been issued to the
landlord as the result of a complaint of the tenant.

6. In a judicial proceeding or
arbitration between the landlord and the tenant, an issue has been determined
adversely to the landlord.

Sec. 22. NRS 118B.230 is
hereby amended to read as follows:

118B.230 If a landlord unlawfully
terminates a tenancy, the [tenant may recover not
more than 6 months periodic rent or actual damages for the injury or loss
sustained by him, whichever is greater.]provisions
of NRS 118B.260 apply.

AN ACT relating to actions concerning
persons; creating a presumption that the use of force by a person in his
residence or in transient lodging which causes injuries to or the death of a
person was justifiable if it was used against a person who is committing
burglary or invasion of the home; and providing other matters properly relating
thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 41 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. For the
purposes of NRS 41.085 and 41.130, any person who uses, while lawfully in his
residence or in transient lodging, force which is intended or likely to cause
death or bodily injury is presumed to have had a reasonable fear of imminent
death or bodily injury to himself or another person lawfully in the residence
or transient lodging if the force is used against a person who is committing
burglary or invasion of the home and the person using the force knew or had
reason to believe that the burglary or invasion of the home was being
committed. An action to recover damages for personal injuries to or the
wrongful death of the person who committed burglary or invasion of the home may not be maintained against the person who used such force
unless the presumption is overcome by clear and convincing evidence to the
contrary.

may not be maintained against the
person who used such force unless the presumption is overcome by clear and
convincing evidence to the contrary.

2. As used in this
section, residence means any house, room, apartment, tenement or other
building, vehicle, vehicle trailer, semitrailer, house trailer or boat designed
or intended for occupancy as a residence.

AN ACT relating to insurance; requiring an
insurer to pay a claim with an instrument which is immediately negotiable; and
providing other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 687B of NRS
is hereby amended by adding thereto a new section to read as follows:

If an insurer is required to
pay a claim, the insurer shall pay that claim with an instrument which is
immediately negotiable. An insurer shall be deemed to have complied with the
provisions of this section if the insurer enters into an agreement, with a bank
located in this state, which provides that the bank will accept the insurers
drafts in as timely a manner as it accepts the insurers checks.

________

CHAPTER 761, SB 76

Senate Bill No. 76Committee on Human Resources and
Facilities

CHAPTER 761

AN ACT relating to hospitals; abolishing
commissions for the advocacy of maintaining the quality of care provided by
hospitals; requiring hospitals to establish committees to ensure the quality of
care provided by the hospitals; and providing other matters properly relating
thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 449 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. Each hospital
licensed to operate in this state shall form a committee to ensure the quality
of care provided by the hospital. The committee must be composed of, but is not
limited to, physicians and nurses.

2. Each committee
formed pursuant to subsection 1 must meet the requirements for programs or
plans for ensuring the quality of care specified by the Joint Commission on
Accreditation of Healthcare Organizations or by the Federal Government pursuant
to Title XIX of the Social Security Act (42 U.S.C. §§ 1396 et seq.).

Sec. 2. NRS 449.450 is
hereby amended to read as follows:

449.450 [The
following terms, wherever used or referred to in NRS 449.450 to 449.530,
inclusive, have the following meaning unless a different meaning clearly
appears in the context:]As used in NRS
449.450 to 449.530, inclusive, and section 1 of this act, unless the context
otherwise requires:

1. Administrator means the
administrator of the division.

2. Admitted health insurer means an
insurer authorized to transact health insurance in this state under a
certificate of authority issued by the commissioner of insurance.

3. Department means the department of
human resources.

4. Director means the director of the
department.

5. Division means the division for
review of health resources and costs of the department.

6. Institution means any person, place,
building or agency which maintains and operates facilities for the diagnosis,
care and treatment of human illness and provides beds for inpatient care. The
term includes but is not limited to hospitals, convalescent care facilities,
nursing care facilities, detoxification centers and all specialized medical
health care facilities.

Sec. 3. NRS 449.475 is
hereby repealed.

________

CHAPTER 762, SB 40

Senate Bill No. 40Committee on Human Resources and
Facilities

CHAPTER 762

AN ACT relating to health care; increasing
the amount counties are required to pay hospitals for the costs of treating
indigent patients; revising the procedure for determining whether certain
hospitals have met their obligations to provide such treatment; providing for
the appeal of a determination by a county regarding the indigent status of a
patient; and providing other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 428.030 is
hereby amended to read as follows:

428.030 1. When any person
meets the uniform standards of eligibility established by the board of county
commissioners or by NRS 439B.310, if applicable, then he is entitled to receive
such relief as is in accordance with the policies and standards established and
approved by the board of county commissioners and within the limits of the
money which may be lawfully appropriated pursuant to NRS 428.050, 428.285 and
450.425 for this purpose.

2. The board of county commissioners
shall pay hospitals for the costs of treating indigent inpatients who reside in
the county an amount which is not less than [85
percent of] the payment required for providing the same treatment
to patients pursuant to the state plan for assistance to the medically
indigent, within the limits of money which may be lawfully appropriated
pursuant to NRS 428.050, 428.285 and 450.425 for this purpose.

3. The board of county commissioners may:

(a) Make contracts for the necessary maintenance
of poor persons;

(b) Appoint such agents as the board deems
necessary to oversee and provide the necessary maintenance of poor persons;

(c) Authorize the payment of cash grants
directly to poor persons for their necessary maintenance; or

(d) Provide for the necessary maintenance of
poor persons by the exercise of the combination of one or more of the powers
specified in paragraphs (a), (b) and (c).

4. A hospital may
contract with the department of human resources to obtain the services of a
state employee to be assigned to the hospital to evaluate the eligibility of
patients applying for indigent status. Payment for those services must be made
by the hospital.

Sec. 2. NRS 439B.330 is
hereby amended to read as follows:

439B.330 1. Except as
otherwise provided in NRS 439B.300 and subsection 2 of this section, each
county shall use the definition of indigent in NRS 439B.310 to determine a
persons eligibility for medical assistance pursuant to chapter 428 of NRS,
other than assistance provided pursuant to NRS 428.115 to 428.255, inclusive.

2. A board of county commissioners may,
if it determines that a hospital within the county is serving a
disproportionately large share of low-income patients:

(a) Pay a higher rate to the hospital for
treatment of indigent inpatients;

(b) Pay the hospital for treatment of indigent
inpatients whom the hospital would otherwise be required to treat without
receiving compensation from the county; or

(c) Both pay at a higher rate and pay for
inpatients for whom the hospital would otherwise be uncompensated.

3. Each hospital which treats an indigent
inpatient shall submit to the board of county commissioners of the county in
which the patient resides a discharge form identifying the patient as a
possible indigent and containing the information required by the department and
the county to be included in all such forms.

4. The county which receives a discharge
form from a hospital for an indigent inpatient shall verify the status of the
patient and the amount which the hospital is entitled to receive. A hospital aggrieved by a determination of a county regarding
the indigent status of an inpatient may appeal the determination to a court
having general jurisdiction in the county.

5. Except as otherwise provided in
subsection 2 of this section and subsection 3 of NRS 439B.320, if the patient
is a resident of the county and is indigent, the county shall pay to the
hospital the amount required, within the limits of money which may lawfully be
appropriated for this purpose pursuant to NRS 428.050, 428.285 and 450.425.

439B.340 1. Before September
30 of each year, each county in which hospitals subject to the provisions of
NRS 439B.300 to 439B.340, inclusive, are located shall provide to the division
a report showing:

(a) The total number of [indigent]
inpatients treated by each such hospital [;]who are claimed by the hospital to be indigent;

(b) The number of such patients for whom no
reimbursement was provided by the county because of the limitation imposed by
subsection 3 of NRS 439B.320;

(c) The total amount paid to each such hospital
for treatment of such patients; and

(d) The amount the hospital would have received
for patients for whom no reimbursement was provided.

2. The administrator shall verify the
amount of treatment provided to indigent inpatients by each hospital to which
no reimbursement was provided by:

(a) Determining the
number of indigent inpatients who received treatment. For a hospital that has
contracted with the department of human resources pursuant to subsection 4 of
NRS 428.030, the administrator shall determine the number based upon the
evaluations of eligibility made by the employee assigned to the hospital
pursuant to the contract. For all other hospitals, the administrator shall
determine the number based upon the report submitted pursuant to subsection 1
of this section.

(b) Multiplying
the number of indigent inpatients who received each type of treatment by the
highest amount paid by the county for that treatment .[; and

(b)](c) Adding the products of the calculations made
pursuant to [paragraph]paragraphs (a) and (b) for
all treatment provided.

If the total amount of treatment provided to indigent
inpatients in the previous fiscal year by the hospital was less than its
minimum obligation for the year, the director shall assess the hospital for the
amount of the difference between the minimum obligation and the actual amount
of treatment provided by the hospital to indigent inpatients. Upon receiving satisfactory proof from a hospital that a
decision of a county regarding the indigent status of one or more inpatients is
pending appeal pursuant to subsection 4 of NRS 439B.330, the director shall
defer assessing the hospital the amount that may be offset by the determination
on appeal until the court hearing the appeal renders its decision.

3. If the administrator determines that a
hospital [which did not receive any payment from
the county for treatment of indigent inpatients] has met its
obligation to provide [such treatment, he shall
notify the county of all treatment provided by the hospital after it met its
obligation and the dates on which the treatment was provided.]treatment to indigent inpatients, he shall certify to the
county in which the hospital is located that the hospital has met its
obligation. The county is not required to pay the hospital for the costs of treating
indigent inpatients until the certification is received from the administrator.
The county shall pay the hospital for such treatment within 30 days after receipt of the [notice] certification to the extent that
money was available for payment pursuant to NRS 428.050, 428.285 and 450.425 at
the time the treatment was provided.

after receipt of the [notice]certification to the extent that money was
available for payment pursuant to NRS 428.050, 428.285 and 450.425 at the time
the treatment was provided.

4. The director shall determine the
amount of the assessment which a hospital must pay pursuant to this section and
shall notify the hospital in writing of that amount on or before November 1 of
each year. The notice must include, but is not limited
to, a written statement for each claim which is denied indicating why the claim
was denied. Payment is due 30 days after receipt of the notice [.], except for
assessments deferred pursuant to subsection 2 which, if required, must be paid
within 30 days after the court hearing the appeal renders its decision.
If a hospital fails to pay the assessment when it is due the hospital shall
pay, in addition to the assessment:

(a) Interest at a rate of 1 percent per month
for each month after the assessment is due in which it remains unpaid; and

(b) Any court costs and fees required by the
director to obtain payment of the assessment and interest from the hospital.

5. Any money collected pursuant to this
section must be paid to the county in which the hospital paying the assessment
is located for use in paying other hospitals in the county for the treatment of
indigent inpatients by those hospitals. The money received by a county from
assessments made pursuant to this section does not constitute revenue from
taxes ad valorem for the purposes of NRS 354.59805, 354.59811, 354.59816,
428.050, 428.285 and 450.425, and must be excluded in determining the maximum
rate of tax authorized by those sections.

AN ACT relating to private employment;
authorizing the labor commissioner to increase the minimum wage in accordance
with federal law; and providing other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 608.250 is
hereby amended to read as follows:

608.250 1. Except as
otherwise provided in this section, [the labor
commissioner may prescribe by regulation] the minimum [wages]wage
which may be paid to employees in private employment within the state [. These wages must not exceed]is $3.35 per hour. The labor
commissioner shall prescribe increases in the minimum wage in accordance with
those prescribed by federal law, unless he determines that such increases are
contrary to the public interest. The minimum
amount [prescribed for]which may be paid to a minor
[must be] is 85 percent of [the amount prescribed for a person 18 years of age
or older.]

minor [must be]is 85 percent of [the
amount prescribed for a person 18 years of age or older.]that amount.

2. The provisions of subsection 1 do not
apply to:

(a) Casual babysitters.

(b) Domestic service employees who reside in the
household where they work.

(c) Outside salespersons whose earnings are
based on commissions.

(d) Employees engaged in an agricultural pursuit
for an employer who did not use more than 500 man-days of agriculture labor in
any calendar quarter of the preceding calendar year.

(e) Taxicab and limousine drivers.

(f) Severely handicapped persons whose
disabilities have diminished their productive capacity in a specific job and
who are specified in certificates issued by the rehabilitation division of the
department of human resources.

3. It is unlawful for any person to
employ, cause to be employed or permit to be employed, or to contract with,
cause to be contracted with or permit to be contracted with, any person for a
wage less than that provided in this section.

AN ACT making an appropriation to the
mental hygiene and mental retardation division of the department of human
resources to estimate the cost of requiring certain facilities operated by the
division to comply with the accreditation requirements of a nationally
recognized organization; and providing other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. 1. There
is hereby appropriated from the state general fund to the mental hygiene and
mental retardation division of the department of human resources the sum of
$20,000 to conduct presurveys to estimate the cost of complying with the
accreditation requirements of the Joint Commission on Accreditation of Health
Care Organizations or another nationally recognized organization approved by
the division for:

(a) Northern Nevada mental retardation services.

(b) Southern Nevada mental retardation services.

(c) Northern Nevada child and adolescent
services.

(d) Southern Nevada child and adolescent
services.

2. Any remaining balance of the
appropriation made by subsection 1 must not be committed for expenditure after
June 30, 1991, and reverts to the state general fund as soon as all payments of
money committed have been made.

3. The mental hygiene and mental
retardation division of the department of human resources shall report the
results of the presurveys conducted with the money
appropriated by this section to the 66th session of the Nevada Legislature.

AN ACT relating to juvenile courts;
revising various provisions concerning practice and procedure; providing for
informal supervision of a child alleged to be delinquent or in need of
supervision; prospectively limiting the circumstances under which a child in
need of supervision may be adjudged a delinquent; requiring efforts to modify a
childs behavior before the child is alleged in need of supervision; and
providing other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 62 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 and
3 of this act.

Sec. 2. 1. A child alleged to be delinquent or in need of
supervision may be placed under the informal supervision of a probation officer
if the child voluntarily admits his participation in the acts for which he was
referred to the probation officer. If any of the acts would constitute a gross
misdemeanor or felony if committed by an adult, the child may not be placed
under informal supervision unless the district attorney approves of the
placement in writing. The probation officer must advise the child and his
parent, guardian or custodian that they may refuse informal supervision.

2. An agreement
for informal supervision must be entered into voluntarily and intelligently by
the child with the advice of his attorney, or by the child with the consent of
a parent, guardian or custodian if the child is not represented by counsel. The
period of informal supervision must not exceed 180 days. The terms of the
agreement must be clearly stated in writing and signed by all parties. A copy
of the agreement must be given to the child, the attorney for the child, if
any, the childs parent, guardian or custodian, and the probation officer, who
shall retain a copy in his file for the case. The child and his parent,
guardian or custodian may terminate the agreement at any time and request the
filing of a petition for formal adjudication.

3. An agreement
for informal supervision may require a child to perform public service or make
restitution to the victim, if any, of the acts for which the child was referred
to the probation officer.

4. If a child is
placed under informal supervision, a petition based upon the events out of
which the original complaint arose may be filed only within 180 days after
entry into the agreement for informal supervision. If a petition is filed
within that period, the child may withdraw the admission he made pursuant to subsection 1.

pursuant to subsection 1. The childs
compliance with all proper and reasonable terms of the agreement constitute
grounds for the court to dismiss the petition.

5. A probation
officer shall file annually with the court a report of the number of children
placed under informal supervision during the previous year, the conditions
imposed in each case and the number of cases that were successfully completed
without the filing of a petition.

Sec. 3. In addition to the information required pursuant to NRS
62.130, a petition alleging that a child is in need of supervision must contain
a list of the local programs to which the child was referred, and other efforts
taken in the community, to modify the childs behavior. No court may decree
that a child is in need of supervision unless it expressly finds that
reasonable efforts were taken in the community to assist the child in ceasing
the behavior for which he is alleged to be in need of supervision.

Sec. 4. NRS 62.040 is hereby
amended to read as follows:

62.040 1. Except as
otherwise provided in this chapter, the court has exclusive original
jurisdiction in proceedings:

(a) Concerning any child living or found within
the county who is need of supervision because he:

(1) Is a child who is subject to
compulsory school attendance and is an habitual truant from school;

(2) Habitually disobeys the reasonable
and lawful demands of his parents, guardian, or other custodian, and is unmanageable;
or

(3) Deserts, abandons or runs away from
his home or usual place of abode,

and is in need of care or rehabilitation. The child must not
be considered a delinquent.

(b) Concerning any child living or found within
the county who has committed a delinquent act. A child commits a delinquent act
if he:

(1) Commits an act designated as a crime
under the law of the State of Nevada except murder or attempted murder or any
related crime arising out of the same facts as the murder or attempted murder,
or violates a county or municipal ordinance or any rule or regulation having
the force of law; or

(2) Violates the terms or conditions of
an order of court determining that he is a child in need of supervision.

(c) Concerning any child in need of commitment
to an institution for the mentally retarded.

2. This chapter does not deprive
justices courts and municipal courts in any county [having
a population of]whose population is
250,000 or more of original jurisdiction to try juveniles charged with minor
traffic violations but:

(a) The restrictions set forth in subsection [3]4 of
NRS 62.170 are applicable in those proceedings; and

(b) Those justices courts and municipal courts
may, upon adjudication of guilt of the offenses, refer any juvenile to the
juvenile court for disposition if the referral is deemed in the best interest
of the child and where the minor is unable to pay the fine assessed or there
has been a recommendation of imprisonment.

In all other cases prior consent of the judge of the
juvenile division is required before reference to the juvenile court may be
ordered. Any child charged in a justices court or
municipal court pursuant to this subsection must be accompanied at all
proceedings by a parent or legal guardian.

justices court or municipal court pursuant to this
subsection must be accompanied at all proceedings by a parent or legal
guardian.

Sec. 4.5 NRS 62.040 is
hereby amended to read as follows:

62.040 1. Except as
otherwise provided in this chapter, the court has exclusive original
jurisdiction in proceedings:

(a) Concerning any child living or found within
the county who is in need of supervision because he:

(1) Is a child who is subject to
compulsory school attendance and is an habitual truant from school;

(2) Habitually disobeys the reasonable
and lawful demands of his parents, guardian, or other custodian, and is
unmanageable; or

(3) Deserts, abandons or runs away from
his home or usual place of abode,

and is in need of care or rehabilitation. The child must not
be considered a delinquent.

(b) Concerning any child living or found within
the county who has committed a delinquent act. A child commits a delinquent act
if he [:

(1) Commits]commits an act designated a crime under the law
of the State of Nevada except murder or attempted murder or any related crime
arising out of the same facts as the murder or attempted murder, or violates a
county or municipal ordinance or any rule or regulation having the force of law
.[; or

(2) Violates the
terms or conditions of an order of court determining that he is a child in need
of supervision.]

(c) Concerning any child in need of commitment
to an institution for the mentally retarded.

2. This chapter does not deprive
justices courts and municipal courts in any county whose population is 250,000
or more of original jurisdiction to try juveniles charged with minor traffic
violations but:

(a) The restrictions set forth in subsection 4
of NRS 62.170 are applicable in those proceedings; and

(b) Those justices courts and municipal courts
may, upon adjudication of guilt of the offenses, refer any juvenile to the
juvenile court for disposition if the referral is deemed in the best interest
of the child and where the minor is unable to pay the fine assessed or there
has been a recommendation of imprisonment.

In all other cases prior consent of the judge of the
juvenile division is required before reference to the juvenile court may be
ordered. Any child charged in a justices court or municipal court pursuant to
this subsection must be accompanied at all proceedings by a parent or legal
guardian.

Sec. 5. NRS 62.043 is hereby
amended to read as follows:

62.043 The court [shall
have]has such jurisdiction over
adults as is incidental to its jurisdiction over children, [but any]including
jurisdiction over the parents, guardians and custodians of children adjudicated
to be delinquent or in need of supervision. An adult subject to the
jurisdiction of the court is subject to the provisions
of NRS 62.281 and has available to him all of the rights, remedies and
writs guaranteed by the constitution and the laws of this state to a defendant
who is charged with having committed a criminal offense in this state.

62.100 1. The judge or
judges of the court in each judicial district which does not include a county
whose population is 100,000 or more shall, [when
facilities for the temporary detention of children or other commitment
facilities administered or financed by the county for the detention of children
have been established within that district, and may at any other time in their
discretion,] by an order entered in the minutes of the court,
appoint five representative citizens of good moral character to be known as the
probation committee, and the judge or judges shall fill all vacancies occurring
in the committee within 30 days after the occurrence of the vacancy. The clerk
of the court shall immediately notify each person appointed to the committee.
The person appointed shall appear before the appointing judge or judges within
10 days after notification, which must specify the time in which to appear, and
shall qualify by taking an oath, which must be entered in the records,
faithfully to perform the duties of a member of the committee. Of the members
first appointed, one must be appointed for a term of 1 year, two for terms of 2
years, and two for terms of 3 years. Thereafter, all appointments must be for a
term of 3 years. Appointment to vacancies occurring other than by expiration of
the term of office must be filled for the remainder of that term. Members of
the probation committee shall serve without compensation and shall choose from
among their members a chairman and secretary. Any member of the probation
committee may be removed for cause at any time by the judge or judges.

2. The duties of the probation committee
are the following:

(a) The paramount duty of the probation
committee is to advise the court, at its request.

(b) The probation committee shall advise with
the judge and probation officer on matters having to do with the control and
management of any facility for the temporary detention of children or other
commitment facilities administered or financed by the county for the detention
of children that are established by boards of
county commissioners.

(c) Upon the request of the judge or judges, the
probation committee shall investigate and report in writing concerning the
facilities, resources and management of all [natural
persons, societies, associations, organizations, agencies and corporations
(except state institutions or agencies)]persons
applying for or receiving children under this chapter. The committee may
initiate an investigation thereof if it deems an investigation proper or
necessary, and shall report its findings, conclusions and recommendations to the
judge or judges.

(d) The probation committee shall prepare an
annual report of its activities, investigations, findings and recommendations .[in connection
therewith.] The reports must be submitted to the court and filed
as public documents with the clerk of the court.

(e) The judge or judges shall, with the advice
of the probation committee, set up policies and procedures, and establish standards for the proper performance of the duties and responsibilities of probation officers
and all employees of any detention home or other commitment facilities
administered or financed by the county.

(f) The probation committee shall advise and
recommend the appointment of such employees as it deems necessary for the
operation and management of the detention home or other commitment facilities
administered or financed by the county. Any [employees
are]employee is subject to discharge
by the judge or judges.

(g) The probation committee may, upon the
majority vote of its members, recommend the removal or discharge of any
probation officer.

Sec. 7. NRS 62.128 is hereby
amended to read as follows:

62.128 1. A complaint
alleging that a child is delinquent or in need of supervision must be referred
to the probation officer of the appropriate county. The probation officer shall
conduct a preliminary inquiry to determine whether the best interests of the
child or of the public require that a petition be filed [.]or would better be served by placing the child under
informal supervision pursuant to section 2 of this act. If judicial
action appears necessary, the probation officer may recommend the filing of a
petition, but any petition must be prepared and countersigned by the district
attorney before it is filed with the court. The decision of the district
attorney on whether to file a petition is final.

2. If the probation officer refuses to place the child under informal supervision or recommend
the filing of a petition, the complainant must be notified by the probation
officer of his right to a review of his complaint by the district attorney. The
district attorney, upon request of the complainant, shall review the facts
presented by the complainant and after consultation with the probation officer
shall prepare, countersign and file the petition with the court when he
believes the action is necessary to protect the community or the interests of
the child.

3. When a child is in detention or
shelter care and the filing of the petition is not approved by the district
attorney, the child must be immediately released.

4. When a child is in detention or
shelter care, a petition alleging delinquency or need of supervision must be
dismissed with prejudice if it is not filed within 10 days after the date the
complaint was referred to the probation officer.

5. Upon the filing of the petition, the
judge or the master may [place], in addition to his other powers under this chapter:

(a) Dismiss the petition
without prejudice and refer a child to the probation officer for informal
supervision pursuant to section 2 of this act; or

(b) Place a child
under the supervision of the court pursuant to a supervision and consent decree
without a formal adjudication of delinquency, upon the recommendation of the
probation officer, the written approval of the district attorney and the
written consent and approval of the child and his parents or guardian, under
the terms and conditions provided for in the decree. The petition may be
dismissed upon successful completion of the terms and conditions of the
supervision and consent decree [.], and the child may respond to any inquiry concerning the
proceedings and events which brought about the proceedings as if they had not
occurred. The records concerning a supervision and consent decree may be
considered in a subsequent proceeding before the court regarding that child.

62.170 1. Except as
otherwise provided in NRS 62.175, any peace officer or probation officer may
take into custody any child who is found violating any law or ordinance or
whose conduct indicates that he is a child in need of supervision. When a child
is taken into custody, the officer shall immediately notify the parent,
guardian or custodian of the child, if known, and the probation officer. Unless
it is impracticable or inadvisable or has been otherwise ordered by the court,
or is otherwise provided in this section, the child must be released to the
custody of his parent or other responsible adult who has signed a written
agreement to bring the child to the court at a stated time or at such time as the
court may direct. The written agreement must be submitted to the court as soon
as possible. If this person fails to produce the child as agreed or upon notice
from the court, a writ may be issued for the attachment of the person or of the
child requiring that the person or child, or both of them, be brought into the
court at a time stated in the writ.

2. If the child is not released, as
provided in subsection 1, the child must be taken without unnecessary delay to
the court or to the place of detention designated by the court, and, as soon as
possible thereafter, the fact of detention must be reported to the court.
Pending further disposition of the case the child may be released to the
custody of the parent or other person appointed by the court, or may be
detained in such place as is designated by the court, subject to further order.
The court may authorize supervised detention at the
childs home in lieu of detention at a facility for the detention of juveniles.

3. A child alleged to be delinquent or in need of supervision
must not, before disposition of the case, be detained in a facility for the
secure detention of juveniles unless there is probable cause to believe that:

(a) If the child is not
detained, he is likely to commit an offense dangerous to himself or to the
community, or likely to commit damage to property;

(b) The child will run
away or be taken away so as to be unavailable for proceedings of the court or
to its officers;

(c) The child was brought
to the probation officer pursuant to a court order or warrant; or

(d) The child is a
fugitive from another jurisdiction.

4. A child not
alleged to be delinquent or in need of supervision must not at any time be
confined or detained in a facility for the secure detention of juveniles or any
police station, lockup, jail, prison or other facility in which adults are
detained or confined.

5. [Except as provided otherwise in this section a]A child under 18 years of age must not at any
time be confined or detained in any police station, lockup, jail [or prison, or detained in any place], prison or other facility where the child [is able to come into communication]has regular contact with any adult convicted of crime
or under arrest and charged with crime, [except
that where no other detention facility has been designated by the court, until
the judge or probation officer can be notified and other arrangements made
therefor, the child may be placed in a jail or other place of detention, but in
a place entirely separated from adults confined therein. Whenever it is
possible to do so, special efforts must be made to keep children who are in need of supervision apart from children
charged with delinquent acts.

children who are in need of
supervision apart from children charged with delinquent acts.

4.]unless:

(a) The child is alleged
to be delinquent;

(b) No alternative
facility is available; and

(c) The child is
separated by sight and sound from any adults who are confined or detained
therein.

6. A child alleged to be delinquent who is taken into custody and detained
must [, upon application,] be given
a detention hearing, conducted by the judge or master [,
within]:

(a) Within 24
hours after the child submits [an application,]a written application;

(b) In a county whose
population is less than 100,000, within 24 hours after the commencement of
detention at a police station, lockup, jail, prison or other facility in which
adults are detained or confined;

(c) In a county whose
population is more than 100,000, within 6 hours after the commencement of
detention at a police station, lockup, jail, prison or other facility in which
adults are detained or confined; or

(d) Within 72 hours after
the commencement of detention at a facility in which no adults are detained or
confined,

whichever occurs first,
excluding Saturdays, Sundays and holidays. A child must not be released after a
detention hearing without the written consent of the judge or master.

[5.]7. If
the parent, guardian or custodian of the child appears with or on behalf of the
child at a detention hearing, the judge or master shall provide to him a
certificate of attendance which he may provide to his employer. The certificate
of attendance must set forth the date and time of appearance and the provisions
of section 1 of [this act.]Senate Bill No. 23 of this session. The certificate of
attendance must not set forth the name of the child or the offense alleged.

[6. The
officer in charge of any facility for the detention of juveniles may by written
order direct the transfer to the county jail of a child placed in the facility.
The child must not be detained in the county jail for more than 24 hours unless
a district judge orders him detained for a longer period. This order may be
made by the judge without notice to the child or anyone on his behalf. Any
child under 18 years of age who is held in the county jail pursuant to the
provisions of this subsection must, where possible, be placed in a cell
separate from adults.

7.]8. A child who is taken into custody and detained
must, if alleged to be a child in need of supervision, be released within 24
hours, excluding Saturdays, Sundays and holidays, after his initial contact
with a peace officer to his parent, guardian or custodian, to any other person
who is able to provide adequate care and supervision, or to shelter care,
unless the court holds a detention hearing and determines the child:

(a) Is a ward of a
federal court or held pursuant to federal statute;

(b) Has run away from
another state and a jurisdiction within the state has issued a want, warrant or
request for the child; or

If the court makes such a
determination, the child may be detained for an additional 24 hours, excluding
Saturdays, Sundays and holidays, if needed by the court to make an alternative
placement.

9. A child alleged
to be in need of supervision who is taken into custody and detained need not be
released within 24 hours, excluding Saturdays, Sundays and holidays, after his
initial contact with a peace officer to his parent, guardian or custodian, to
any other person who is able to provide adequate care and supervision, or to a
shelter for care, if the court holds a detention hearing and determines the
child:

(a) Has threatened to run
away from home or from the shelter;

(b) Is accused of violent
behavior at home; or

(c) Is accused of
violating the terms of his parole, probation or supervision and consent decree.

10. During
the pendency of a criminal or quasi-criminal charge of murder or attempted
murder or any related crime arising out of the same facts as the murder or
attempted murder, a child may petition the juvenile division for temporary
placement in a facility for the detention of juveniles.

Sec. 9. NRS 62.180 is hereby
amended to read as follows:

62.180 1. Provision must be
made for the temporary detention of children in a detention home to be
conducted as an agency of the court or in some other appropriate public
institution or agency ,[;]
or the court may arrange for the care and custody of such children temporarily
in private homes subject to the supervision of the court, or may arrange with
any private institution or private agency to receive for temporary care and
custody children within the jurisdiction of the court.

2. Except as provided in this subsection,
any county may provide, furnish and maintain at public expense a building
suitable and adequate for the purpose of a detention home for the temporary
detention of children, subject to the provisions of this chapter. In counties [having a population of]whose population is 20,000 or more, the boards of
county commissioners shall provide the detention facilities. Two or more
counties, without regard to their respective populations, may provide a
combined detention home under suitable terms agreed upon between the respective
boards of county commissioners and the judges of the juvenile court regularly
sitting in the judicial districts covering the counties.

3. Any detention home [,] built and maintained under this
chapter [,] must be constructed and
conducted as nearly like a home as possible, and [shall]must not be deemed to be or treated as a penal
institution, nor, in counties [having a
population of]whose population is
20,000 or more, may it be adjoining or on the same grounds as a prison, jail or
lockup.

4. In addition to
detention homes, a county may provide and maintain at public expense programs
which provide alternatives to placing a child in a detention home.

Sec. 10. NRS 62.193 is
hereby amended to read as follows:

62.193 1. Proceedings
concerning any child alleged to be delinquent, in need of supervision or in
need of commitment to an institution for the mentally retarded are not criminal
in nature and must be heard separately from the trial of cases against adults,
and without a jury. The hearing may be conducted in an informal manner and may
be held at a juvenile detention facility or elsewhere at
the discretion of the judge.

facility or elsewhere at the discretion of the judge.
Stenographic notes or other transcript of the hearing are not required unless
the court so orders. The general public must be excluded and only those persons
having a direct interest in the case may be admitted, as ordered by the judge,
or, in case of a reference, as ordered by the referee.

2. The court shall provide written notice
of any hearing after the initial detention hearing to the parent, guardian or
custodian of the child together with a copy of a notice which the parent,
guardian or custodian may provide to his employer. The employers copy of the
notice must set forth the date and time of the hearing and the provisions of
section 1 of [this act.]Senate Bill No. 23 of this session. The employers copy
of the notice must set forth the name of the child or the offense alleged.

3. The parties must be advised of their
rights in their first appearance at intake and before the court. They must be
informed of the specific allegations in the petition and given an opportunity
to admit or deny those allegations.

4. If the allegations are denied, the
court shall proceed to hear evidence on the petition. The court shall record
its findings on whether the acts ascribed to the child in the petition were
committed by him. If the court finds that the allegations in the petition have
not been established, it shall dismiss the petition and order the child
discharged from any detention or temporary care theretofore ordered in the
proceedings, unless otherwise ordered by the court.

5. If the court finds on the basis of an
admission or a finding on proof beyond a reasonable doubt, based upon
competent, material and relevant evidence, that a child committed the acts by
reason of which he is alleged to be delinquent, it may, in the absence of
objection, proceed immediately to make a proper disposition of the case.

6. In adjudicatory hearings all relevant
and material evidence helpful in determining the questions presented, including
oral and written reports, may be received by the court and may be relied upon
to the extent of its probative value. The parties or their counsel must be
afforded an opportunity to examine and controvert written reports so received
and to cross-examine persons making reports when reasonably available.

7. On its motion or that of a party, the
court may continue the hearings under this section for a reasonable period to
receive reports and other evidence bearing on the disposition. The court shall
make an appropriate order for detention or temporary care of the child subject
to supervision of the court during the period of the continuance.

8. If the court finds by preponderance of
the evidence that the child is in need of supervision or is in need of
commitment to an institution for the mentally retarded, the court may proceed
immediately , or at a postponed hearing, to make
proper disposition of the case.

9. Unless the
court by written order extends the time for disposition of the case and sets
forth specific reasons for the extension, the court shall make its final
disposition no later than 60 days after the petition was filed.

10. The district
attorney may disclose to the victim of an act committed by a child the
disposition of the childs case regarding that act. The victim shall not
disclose to any other person the information so disclosed by the district
attorney.

(e) Part-time pupils enrolled in classes and
taking courses necessary to receive a high school diploma.

2. The state board of education shall
establish uniform regulations for counting enrollment and calculating the
average daily attendance of pupils. In establishing such regulations for the
public schools, the state board:

(a) Shall divide the school year into 10 school
months, each containing 20 or fewer school days.

(b) May divide the pupils in grades 1 to 12,
inclusive, into categories composed respectively of those enrolled in
elementary schools and those enrolled in secondary schools.

(c) Shall calculate average daily attendance by
selecting the average daily attendancehighest 3 months for each category of
pupils, as established by subsection 1 or pursuant to paragraph (b) of this
subsection, in each school.

(d) Shall prohibit counting of any pupil
specified in paragraph (a), (b), (c) or (d) of subsection 1 more than once.

3. The state board of education shall
establish by regulation the maximum pupil-teacher ratio in each grade, and for
each subject matter wherever different subjects are taught in separate classes,
for each school district of the state which is consistent with:

(a) The maintenance of an acceptable standard of
instruction;

(b) The conditions prevailing in such school
district with respect to the number and distribution of pupils in each grade;
and

(c) Methods of instruction used, which may
include educational television, team teaching or new teaching systems or
techniques.

If the superintendent of public instruction finds that any
school district is maintaining one or more classes whose pupil-teacher ratio
exceeds the applicable maximum, and unless he finds that the board of trustees
of the school district has made every reasonable effort in good faith to comply
with the applicable standard, he shall, with the approval of the state board,
reduce the count of pupils for apportionment purposes by the percentage which
the number of pupils attending such classes is of the total number of pupils in
the district, and the state board may direct him to withhold the quarterly
apportionment entirely.

Sec. 12. NRS 387.1233 is
hereby amended to read as follows:

387.1233 1. Except as
otherwise provided in subsection 2, basic support of each school district must
be computed by:

(a) Multiplying the basic support guarantee per
pupil established for that school district for that school year by the sum of:

(1) Six-tenths the count of pupils
enrolled in the kindergarten department on the last day of the first school
month of the school year.

(2) The count of pupils enrolled in
grades 1 to 12, inclusive, on the last day of the first school month of the
school year.

(3) The count of handicapped minors
receiving special education pursuant to the provisions of NRS 388.440 to 388.520,
inclusive, on the last day of the first school month of the school year.

(4) The count of children detained in
detention homes , alternative programs and
juvenile forestry camps receiving instruction pursuant to the provisions of NRS
388.550, 388.560 and 388.570 on the last day of the first school month of the
school year.

(5) One-fourth the average daily
attendancehighest 3 months of part-time pupils enrolled in classes and taking
courses necessary to receive a high school diploma.

(b) Multiplying the number of special education
program units maintained and operated by the amount per program established for
that school year.

(c) Adding the amounts computed in paragraphs
(a) and (b).

2. If the sum of the counts prescribed in
subparagraphs (1) to (4), inclusive, of paragraph (a) of subsection 1 is less
than the sum similarly obtained for the immediately preceding school year, the
larger sum must be used in computing basic support.

3. Pupils who are excused from attendance
at examinations or have completed their work in accordance with the rules of
the board of trustees must be credited with attendance during that period.

4. Pupils who are incarcerated in a
facility or institution operated by the department of prisons must not be
counted for the purpose of computing basic support pursuant to this section.

Sec. 13. NRS 388.550 is
hereby amended to read as follows:

388.550 With the approval of the juvenile
court and the board of county commissioners, the board of trustees of a school
district may employ necessary legally qualified teachers for the instruction of
children detained in:

1. A detention home [which is]or
alternative program maintained by the county pursuant to the provisions
of NRS 62.180.

2. A juvenile forestry camp established
by the county pursuant to the provisions of NRS 244.297.

3. A juvenile training school established
by the state pursuant to the provisions of chapter 210 of NRS.

Sec. 14. NRS 388.560 is
hereby amended to read as follows:

388.560 Only courses of instruction
approved by the state board of education [shall]may be given in such detention homes, alternative programs, juvenile training schools or
juvenile forestry camps. Necessary textbooks, equipment and supplies [shall]must
be furnished by the school district.

Sec. 15. NRS 388.570 is
hereby amended to read as follows:

388.570 1. The state board
of education shall establish regulations for the computation of enrollment and
average daily attendance of children detained in detention homes , alternative programs and juvenile forestry camps
receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and
388.570.

2. Boards of trustees of school districts
providing such instruction shall report to the superintendent of public
instruction at such times and in such manner as he prescribes.

Sec. 16. Section
1 of Senate Bill No. 55 of this session is hereby amended to read as
follows:

Section 1. NRS
387.1233 is hereby amended to read as follows:

387.1233 1. Except
as otherwise provided in subsection 2, basic support of each school district
must be computed by:

(a) Multiplying the
basic support guarantee per pupil established for that school district for that
school year by the sum of:

(1) Six-tenths
the count of pupils enrolled in the kindergarten department on the last day of
the first school month of the school year.

(2) The count of
pupils enrolled in grades 1 to 12, inclusive, on the last day of the first
school month of the school year.

(3) The count of
handicapped minors receiving special education pursuant to the provisions of
NRS 388.440 to 388.520, inclusive, on the last day of the first school month of
the school year [.], excluding the count of handicapped minors who have not
attained the age of 5 years and who are receiving special education pursuant to
subsection 1 of NRS 388.490 on that day.

(4) Six-tenths the count of handicapped minors who have not
attained the age of 5 years and who are receiving special education pursuant to
subsection 1 of NRS 388.490 on the last day of the first school month of the
school year.

(5) The
count of children detained in detention homes, alternative programs and
juvenile forestry camps receiving instruction pursuant to the provisions of NRS
388.550, 388.560 and 388.570 on the last day of the first school month of the
school year.

[(5)](6) One-fourth
the average daily attendancehighest 3 months of part-time pupils enrolled in
classes and taking courses necessary to receive a high school diploma.

(b) Multiplying the
number of special education program units maintained and operated by the amount
per program established for that school year.

(c) Adding the amounts
computed in paragraphs (a) and (b).

2. If the sum
of the counts prescribed in subparagraphs (1) to [(4),](5), inclusive, or paragraph (a) of subsection 1
is less than the sum similarly obtained for the immediately preceding school
year, the larger sum must be used in computing basic support.

3. Pupils who
are excused from attendance at examinations or have completed their work in
accordance with the rules of the board of trustees must be credited with
attendance during that period.

4. Pupils who are
incarcerated in a facility or institution operated by the department of prisons
must not be counted for the purpose of computing basic support pursuant to this
section.

Sec. 17. 1. This
section and sections 1, 2, 3, 5, 7, 8, 9 and 11 to 16, inclusive, of this act,
become effective on October 1, 1989.

2. Sections 4, 6 and 10 of this act
become effective at 12:01 a.m. on October 1, 1989.

AN ACT relating to taxation; revising the
procedure for adding property to the secured tax roll; revising the procedure
for the recapture of taxes upon the conversion of agricultural real property to
a higher use; revising the provisions governing the exemption of certain
patented mining claims from property taxes; revising the provisions governing
the reporting and assessment of personal property; requiring the Nevada tax commission
to establish separate standards for determining the value of billboards; making
certain technical corrections; and providing other matters properly relating
thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 361 of NRS
is hereby amended by adding thereto a new section to read as follows:

Billboard means a sign that
directs attention to a business, commodity, service, entertainment or
attraction that is sold, offered or exists at a location other than the
premises on which the sign is located.

Sec. 2. NRS 361.010 is
hereby amended to read as follows:

361.010 As used in this chapter, unless
the context otherwise requires, the words and terms defined in NRS 361.015 to
361.043, inclusive, and section 1 of this act,
have the meanings ascribed to them in those sections.

Sec. 3. NRS 361.070 is
hereby amended to read as follows:

361.070 1. Drainage
ditches and canals, together with the lands which are included in the rights of
way of [such,]the ditch or canal, are exempted from taxation.

2. Each part of a
permanently installed irrigation system of pipes or concrete-lined ditches and
headgates to increase efficiency and conservation in the use of water, when the
water is to be used for irrigation and agricultural purposes on land devoted to
agricultural purposes by the owner of the pipes or concrete-lined ditches, is
exempted from taxation.

3. For any
assessment made after July 1, 1989, any value added by a drainage ditch, a
canal, the land included in the rights of way of the drainage ditch or canal,
or a part of a permanently installed irrigation system must be excluded from
the assessed value of the property regardless of the date the ditch, canal or
irrigation system was installed.

Sec. 4. NRS 361.077 is
hereby amended to read as follows:

361.077 1. All property,
both real and personal, is exempt from taxation to the extent that the property
is used as [:

(a) A]a facility, device or method for the control of air or
water pollution [; or

(b) Part of a permanently
installed irrigation system of pipes or concrete-lined ditches and headgates to
increase efficiency and conservation in the use of water, when the water is to
be used for irrigation and agricultural purposes on land devoted to
agricultural purposes by the owner of the pipes or concrete-lined ditches.]

2. As used in this section, facility,
device or method for the control of air or water pollution means any land,
structure, building, installation, excavation, machinery, equipment or device
or any addition to, reconstruction, replacement, or improvement of land or an
existing structure, building, installation, excavation, machinery, equipment or
device used, constructed, acquired or installed after January 1, 1965, if the
primary purpose of the use, construction, acquisition or installation is
compliance with law or standards required by any environmental protection
agency, authorized by and acting under the authority of the United States or
the State of Nevada or any of its political subdivisions, for the prevention,
control or reduction of air or water pollution.

3. As used in this section, facility,
device or method for the control of air or water pollution does not include:

(a) Air conditioners, septic tanks or other
facilities for human waste, nor any property installed, constructed or used for
the moving of sewage to the collection facilities of a public or quasi-public
sewage system.

(b) Any facility or device having a value of
less than $1,000 at the time of its construction, installation or first use.

(c) Any facility or device which produces a net
profit to the owner or operator thereof from the recovery and sale or use of a
tangible product or by-product, nor does it include a facility or device which,
when installed and operating, results in a net reduction of operating costs.

4. The exemption may be allowed only to a
person who files an affidavit declaring that the property for which the
exemption is being sought meets the requirements of subsection 1. The affidavit
must be filed, on or before August 1 of the year preceding the year for which
the tax is levied, with the Nevada tax commission.

5. The department shall prepare and
publish a report each fiscal year showing:

(a) The assessed value of properties within each
county which are exempt from taxation under this section;

(b) The loss in tax revenues to the state
general fund and to each local taxing entity from the exemption; and

(c) Such other information as the department may
deem relevant to indicate the effect of the loss of tax revenue on the state
and on local taxing entities.

Each county assessor shall provide the department with the
data it needs to complete the report required by this section.

(1) Vacant land by considering the uses
to which it may lawfully be put, any legal or physical restrictions upon those
uses, the character of the terrain, and the uses of other land in the vicinity.

(2) Improved land consistently with the
use to which the improvements are being put.

(b) Any improvements made on the land by
subtracting from the cost of replacement of the improvements all applicable
depreciation and obsolescence. Depreciation of an
improvement made on real property must be calculated at 1.5 percent of the cost
of replacement for each year of adjusted actual age of the improvement, up to a
maximum of 50 years.

2. The unit of appraisal must be a single
parcel unless:

(a) The location of the improvements causes two
or more parcels to function as a single parcel; or

(b) The parcel is one of a group of contiguous
parcels which qualifies for valuation as a subdivision pursuant to the
regulations of the Nevada tax commission.

3. The taxable value of a possessory
interest for the purpose of NRS 361.157 or 361.159 may be determined:

(a) By subtracting from the cost of replacement
of the improvements all applicable depreciation and obsolescence; or

(b) By capitalizing the fair economic income
expectancy.

4. The taxable value of other taxable
personal property, except mobile homes, must be determined by subtracting from
the cost of replacement of the property all applicable depreciation and
obsolescence. Depreciation of a billboard must be
calculated at 1.5 percent of the cost of replacement for each year after the
year of acquisition of the billboard, up to a maximum of 50 years.

5. The computed taxable value of any
property must not exceed its full cash value. Each person determining the
taxable value of property shall reduce it if necessary to comply with this
requirement. A person determining whether taxable value exceeds full cash value
or whether obsolescence is a factor in valuation may consider:

(b) A summation of the estimated full cash value
of the land and contributory value of the improvements.

(c) Capitalization of the fair economic income
expectancy or fair economic rent.

A county assessor is required to make the reduction
prescribed in this subsection only if the owner calls to his attention the
facts warranting it, but may make it if he is otherwise aware of those facts.

6. The Nevada tax commission shall by
regulation establish:

(a) Standards for determining the cost of
replacement of improvements of various kinds.

(b) Standards for
determining the cost of replacement of personal property of various kinds. The
standards must include a separate index of factors for application to the
acquisition cost of a billboard to determine its replacement cost.

(c) Schedules of
depreciation for personal property based on its estimated life. [Depreciation of an improvement made on real property
must be calculated at 1.5 percent of the cost of replacement for each year of
adjusted actual age of the improvement, up to a maximum of 50 years.

(c)](d) Criteria for the valuation of two or more
parcels as a subdivision.

7. In determining
the cost of replacement of personal property for the purpose of computing
taxable value, the cost of all improvements of the personal property, including
any additions to or renovations of the personal property but excluding routine
maintenance and repairs, must be added to the cost of acquisition of the
personal property.

8. The
county assessor shall, upon the request of the owner, furnish within 15 days to
the owner a copy of the most recent appraisal of the property.

[8.]9. The provisions of this section do not
apply to property which is assessed pursuant to NRS 361.320.

Sec. 6. NRS 361.265 is
hereby amended to read as follows:

361.265 1. To enable the
county assessor to make assessments, he shall demand from each natural person or firm, and from the president,
cashier, treasurer or managing agent of each corporation, association or
company, including all banking institutions, associations or firms within his
county, a written statement, signed under penalty of perjury, on forms to be
furnished by the county assessor of all the personal property within the
county, owned, claimed, possessed, controlled or managed by those persons,
firms, corporations, associations or companies. [This]

2. The statement
must include:

(a) A description of the
location of any taxable personal property that is owned, claimed, possessed,
controlled or managed by the natural person, firm, corporation, association or
company, but stored, maintained or otherwise placed at a location other than
the principal residence of the natural person or principal place of business of
the firm, corporation, association or company; and

(b) The cost of
acquisition of each item of taxable personal property including the cost of any
improvements of the personal property, such as additions to or renovations of
the property other than routine maintenance or repairs.

3. The
statement must be returned not later than July 31, except for a statement
mailed to the taxpayer after July 15, in which case it must be returned within
15 days after demand for its return is made. Upon petition of the property
owner showing good cause, the county assessor may grant one or more 30-day
extensions.

[2.]4. If the owners of any taxable property
not listed by another person are absent or unknown, or fail to provide the
written statement as described in subsection 1, the county assessor shall make
an estimate of the value of the property and assess it accordingly. If the name
of the absent owner is known to the county assessor, the property must be
assessed in his name. If the name of the owner is unknown to the county
assessor, the property must be assessed to unknown owner; but no mistake made
in the name of the owner or the supposed owner of personal property renders the
assessment or any sale of the property for taxes invalid.

[3.]5. If any person, officer or agent
neglects or refuses on demand of the county assessor or his deputy to give the
statement required by this section, or gives a false name, or refuses to give
his name or sign the statement, he is guilty of a misdemeanor.

Sec. 7. NRS 361.483 is
hereby amended to read as follows:

361.483 1. Except as
provided in subsection 4, taxes assessed upon the real property tax roll and
upon mobile homes are due on the first Monday of August.

2. Taxes assessed upon the real property
tax roll may be paid in four equal installments.

3. [In any
county whose population is 100,000 or more, taxes]Taxes assessed upon a mobile home may be paid in four
equal installments if the taxes assessed exceed $100.

4. If a person elects to pay in quarterly
installments, the first installment is due on the first Monday of August, the
second installment on the first Monday of October, the third installment on the
first Monday of January, and the fourth installment on the first Monday of
March.

5. If any person charged with taxes which
are a lien on real property fails to pay:

(a) Any one quarter of the taxes on or within 10
days following the day the taxes become due, there must be added thereto a
penalty of 4 percent.

(b) Any two quarters of the taxes, together with
accumulated penalties, on or within 10 days following the day the later quarter
of taxes becomes due, there must be added thereto a penalty of 5 percent of the
two quarters due.

(c) Any three quarters of the taxes, together
with accumulated penalties, on or within 10 days following the day the latest
quarter of taxes becomes due, there must be added thereto a penalty of 6
percent of the three quarters due.

(d) The full amount of the taxes, together with
accumulated penalties, on or within 10 days following the first Monday of
March, there must be added thereto a penalty of 7 percent of the full amount of
the taxes.

6. Any person charged with taxes which
are a lien on a mobile home who fails to pay the taxes within 10 days after the
quarterly payment is due is subject to the following provisions:

(a) The entire amount of the taxes are due;

(b) A penalty of 10 percent of the taxes due;

(c) An additional penalty of $3 per month or any
portion thereof, until the taxes are paid; and

(d) The county assessor may proceed under NRS
361.535.

Sec. 8. NRS 361.484 is
hereby amended to read as follows:

361.484 1. As used in this
section, acquired means acquired either by purchase and deed or by
condemnation proceedings pursuant to chapter 37 of NRS.

2. Taxes levied on real property which is
acquired by the Federal Government or the state
or any of its political subdivisions [shall]must be abated ratably for the portion of the
fiscal year in which the real property is owned by the Federal
Government or the state or its political
subdivision.

3. For the purposes of abatement, the Federal Government or the state or its political subdivision shall be deemed to own real
property acquired by purchase commencing with the date
the deed is recorded and to own real property acquired by condemnation from the
date of judgment pursuant to NRS 37.160 or the date of occupancy of the
property pursuant to NRS 37.100, whichever occurs earlier.

purchase commencing with the date the deed is recorded and
to own real property acquired by condemnation from the date of judgment
pursuant to NRS 37.160 or the date of occupancy of the property pursuant to NRS
37.100, whichever occurs earlier.

4. When property is acquired by the Federal Government or the state or any of its political
subdivisions [prior to]before determination of the assessed value or combined
tax rate for the taxable year in which acquired, the county assessor shall
compute the taxes and amount of abatement using the assessed value, combined
tax rate, or both, of the preceding taxable year.

Sec. 9. NRS 361.768 is
hereby amended to read as follows:

361.768 1. Whenever an
overassessment of real or personal property
appears upon the secured tax roll of any county
because of a factual error concerning its existence on July 1, zoning, use,
size or age, the county assessor shall make a report thereof to the board of
county commissioners of the county.

2. The board of county commissioners
shall examine the error so reported, together with any evidence presented and,
if satisfied that the error is factual, shall:

(a) By an order entered in the minutes of the
board, direct the county treasurer to correct the error; and

(b) Serve a copy of the order on the county
treasurer, who shall make the necessary refunds or adjustments to the tax bill
and correct the secured tax roll.

Only the secured property tax
rolls for the current and the succeeding tax year may be so corrected.

Sec. 10. NRS 361.769 is
hereby amended to read as follows:

361.769 1. The county
assessor of any county in which real property is located which is not on the
secured roll shall assess the property and petition the appropriate board of
equalization to place the property on the secured roll for the next tax year.
The taxes for the current year and any prior year must be calculated and
collected in the same manner as if the property had been assessed in those
years and placed on the secured roll.

2. The assessment may be made at any time
within 3 years after the end of the fiscal year in which the taxes would have
been due.

3. The petition must be made to the:

(a) County board of equalization if the
assessment is made on or after July 1 but before [January
15;]February 1; or

(b) State board of equalization if the
assessment is made on or after [January 15]February 1, but before July 1.

4. The county assessor shall give notice
of the assessment by certified letter to the owner of the property on or before
the date on which the petition is filed pursuant to subsection 1. The notice
must include:

(a) A description of the property;

(b) The years for which the taxes were not paid;

(c) The assessed valuation of the property for
each of the years stated in paragraph (b); and

(d) A statement informing the property owner of
his right to appeal the assessed valuation at a hearing of the appropriate
board of equalization.

361.790 1. Whenever a person
has acquired a legal, equitable, security or vendees interest in a parcel of
real property, which is a part of a larger parcel upon which there are [deferred or] delinquent taxes, and the
person offers to tender to the county treasurer, in the county where the real
estate is assessed, his prorated share of the tax on the larger parcel,
covering the parcel in which he has acquired an interest, then the county
treasurer shall make a report of the offer to the board of county commissioners
of the county.

2. The board of county commissioners
shall then examine the report of the county treasurer, and request a report
from the county assessor as to the relative values of each parcel together with
such other evidence as may be presented in connection therewith. If, after
reviewing the report and evidence, the board of county commissioners is
satisfied that the person offering to tender payment of the taxes due has a
legal or beneficial interest in the smaller parcel only, it shall:

(a) Determine what proportion of the assessment
and tax on the entire parcel affected are attributable to the smaller parcel.

(b) Enter an order in the minutes of the board,
directing:

(1) Each officer who has custody of the
tax or assessment roll for the year for which the offer to tender has been made
and for each subsequent year to divide and prorate the assessment and tax
accordingly.

(2) The county treasurer to accept the
prorated tax when tendered and apply it to the proper parcel. If the smaller
parcel has, at any time prior thereto, been conveyed to the county treasurer
pursuant to NRS 361.585, the board shall enter a further order directing the
county treasurer to issue and deliver a deed conveying the property to the
person who has tendered the tax upon payment to the county treasurer of the
cost, penalties and interest chargeable against the prorated tax for each
fiscal period for which the tax remains unpaid, until the time of conveyance.

(3) The county assessor to assess each
parcel separately thereafter.

(c) Direct the clerk of the board to mail a copy
of the order to the person offering to tender payment.

3. If the board of county commissioners
issues the orders pursuant to subsection 2, the county treasurer shall issue a
receipt to the person when he tenders payment of taxes. The receipt is
conclusive evidence for the payment of all taxes assessed against the
particular parcel for which the payment of tax is tendered, and is a complete defense
to any action for taxes due on the parcel which may be brought for the period
covered by the receipt.

4. Each county assessor receiving a
request for a report as provided for in subsection 2 shall submit the report to
the board of county commissioners within 30 days after receipt of the request.

5. The provisions of this section apply
to delinquencies which occurred either before, on or after April 20, 1967.

Sec. 12. NRS 361.803 is
hereby amended to read as follows:

361.803 1. The legislature
finds that:

(a) Senior citizens of the state live, as a
rule, on limited incomes which remain fixed while property taxes and other
costs constantly rise.

(b) The erosion of senior citizens income in
terms of true value threatens to destroy the ability of many to retain
ownership of the homes in which they had planned to spend their later years.

(c) Senior citizens are often forced to divert
an excessive portion of their incomes into the property taxes on their homes,
thus leaving insufficient funds for other things essential to their well-being.

(d) Many senior citizens who rent their homes or
lots for mobile homes also pay an excessive portion of their income into
property taxes through rental payments.

2. The legislature therefore declares
that:

(a) It is the public policy of this state to
provide assistance to its senior citizens who are carrying an excessive burden
of taxes on residential property in relation to income.

(b) The purpose of the provisions of NRS 361.800
to 361.877, inclusive, is to provide relief to eligible senior citizens,
through a system of [credit memoranda, refunds
and transfers concerning]refunds for
property taxes from the senior citizens account for assistance with property
taxes.

Sec. 13. NRS 361.825 is
hereby amended to read as follows:

361.825 Property taxes accrued means
property taxes ,[(]
exclusive of special assessments, delinquent taxes and interest ,[)]
levied on a claimants home in this state which are due [and
payable during July,]during August,
immediately succeeding the date of filing of a claim. If a home is owned by two
or more persons or entities as joint tenants or tenants in common and one or
more persons or entities are not members of the claimants household, property
taxes accrued is that part of the property taxes levied on the home which
reflects the percentage of the residential space occupied by the claimant and
his household.

Sec. 14. NRS 361.833 is
hereby amended to read as follows:

361.833 1. A senior citizen
whose home is placed upon the secured or unsecured tax roll, who has owned the
home and maintained it as his primary residence for at least 6 months
immediately preceding the filing of his claim and whose household income is not
more than $15,100 is entitled to [an allowance
against]a refund of the property
tax accrued against his home to the extent determined by the percentage shown
opposite his household income range on the schedule below:

2. The amount of the [allowance]refund
must not exceed the amount of the accrued property tax or $500, whichever is
less.

Sec. 15 NRS 361.838 is
hereby amended to read as follows:

361.838 1. A claim for [an allowance or]a
refund may be filed with the assessor of the county in which the claimants
home or mobile home lot is located between January 15 and April 30, inclusive.

2. The claim [shall]must be made under oath and filed in such form
and content, and accompanied by such proof, as the department may prescribe.

3. The county assessor shall furnish the
appropriate form to each claimant if he processes the claim. If the claim is
submitted to the department, it shall furnish the appropriate form.

4. After receiving a claim, the county
assessor shall:

(a) If the claimant is the renter of a home or
mobile home lot, submit the claim to the department; or

(b) If the claimant is a homeowner, process the
claim or submit the claim to the department.

5. The county assessor shall, within 10
days after receiving a claim which is submitted to the department, determine
the assessed valuation of the property to which the claim applies and submit
the claim to the department.

Sec. 16. NRS 361.841 is
hereby amended to read as follows:

361.841 1. The [county assessor or the] department shall
examine each claim, granting or denying it, and if granted, shall determine the
[credit or] refund to which the
claimant is entitled.

2. Upon examination, if:

[(a) The claim is
denied, the county assessor shall notify the claimant by registered or
certified mail.

(b) The claim is granted,
the county assessor shall notify the claimant not later than June 30 of the
amount of credit which may be applied to his property taxes accrued or the
amount of refund he is entitled to receive for rent deemed to constitute
accrued property tax.

3. If a claim is
submitted to the department and:]

(a) The claim is denied, the department shall so
notify the claimant by registered or certified mail.

(b) The claim is granted, the department shall:

(1) If the claimants home is on the
secured or unsecured tax roll, [notify him]pay to the claimant not later than [June 30 of the amount of credit which may be applied
to his property taxes accrued.]July 31
the refund to which he is entitled.

(2) Pay to a home renter not later than
August 15 the refund to which he is entitled.

Sec. 17. NRS 361.850 is
hereby amended to read as follows:

361.850 1. A person may
receive assistance under the Senior Citizens Property Tax Assistance Act while
receiving a property tax exemption as a widow, blind person or veteran if the
person has filed a claim for the exemption with the county assessor.

2. The assessed valuation of any property
used to determine [an allowance under]a refund pursuant to the Senior Citizens
Property Tax Assistance Act [shall]must be reduced by the amount of such an exemption.

361.859 [1. The
county ex officio tax receiver shall send the department a statement of all
credits applied to property taxes accrued and shall demand reimbursement of the
county in the aggregate amount of the allowance.

2. The county ex
officio tax receiver shall send the department a statement of all credits which
were not applied to property taxes accrued. Upon receipt of such statement, the
department of taxation shall mail refunds to the claimants entitled to them.

3. Upon
verification and audit of each statement from a county concerning homeowners
claims, the department shall authorize reimbursement to the county by the
state.

4. The
reimbursement shall be paid out of the funds appropriated to the senior
citizens property tax assistance account, in the same manner as other money in
the state treasury is disbursed.

5.] If the
department determines that an audit of claims is needed [for
the purpose of determining]to determine
whether a county assessor accurately processed claims and if department
personnel are not capable of auditing a sufficient number of the claims, then
the department may expend not more than $20,000 of the money in the senior
citizens property tax assistance account for the purpose of contracting with
qualified persons to assist in conducting [such]the audit.

Sec. 19. NRS 361.870 is
hereby amended to read as follows:

361.870 1. Any claimant
aggrieved by a decision of the department or a county assessor which denies the
[allowance]refund
claimed under the Senior Citizens Property Tax Assistance Act may have a
review of the denial before the executive director if within 30 days after the
claimant receives notice of the denial he submits a written petition for review
to the department.

2. Any claimant aggrieved by the denial
in whole or in part of relief claimed under the Senior Citizens Property Tax
Assistance Act, or by any other final action or review of the executive
director, is entitled to judicial review thereof.

Sec. 20. NRS 361.874 is
hereby amended to read as follows:

361.874 1. Money to pay for
assistance granted to senior citizens under the Senior Citizens Property Tax
Assistance Act [shall]must be provided by legislative appropriation from the
state general fund. The money so appropriated [shall]must be transferred to a senior citizens
property tax assistance account in the state general fund.

2. The executive director may, from time
to time, obtain from the state controller a statement of the balance in the
senior citizens property tax assistance account. The executive director shall
provide for full refunds of all just claims if the total amount of [such]the
claims does not exceed the balance in the account. The executive director shall
proportionately reduce each claim if the total amount of all claims exceeds
that balance.

3. Money for the administration of the
Senior Citizens Property Tax Assistance Act [shall]must be provided by legislative appropriation and
transfer to the senior citizens property tax assistance account. From this
account the sum of [$10 shall be allowed to each
county assessor for each claim examined by the county assessor and the sum of
$2 shall]$4 must be allowed for each claim which is received by the county assessor
and submitted to the department.

allowed for each claim which is received by the county
assessor and submitted to the department.

Sec. 21. Chapter 361A of NRS
is hereby amended by adding thereto a new section to read as follows:

Parcel means a contiguous
area of land that is designated by a county assessor as a parcel for assessment
purposes.

Sec. 22. NRS 361A.010 is
hereby amended to read as follows:

361A.010 As used in this chapter, the
terms defined in NRS 361A.020 to 361A.060, inclusive, and
section 21 of this act, have the meanings ascribed to them in those
sections except where the context otherwise requires.

Sec. 23. NRS 361A.020 is
hereby amended to read as follows:

361A.020 1. Agricultural
real property means:

(a) Land devoted exclusively for at least 3
consecutive years immediately preceding the assessment date to:

(1) Agricultural use; or

(2) Activities which prepare the land for
agricultural use.

(b) Land leased by the owner to another person
for agricultural use and composed of any lot or parcel which [is:

(1) Larger than 7
acres; or

(2) Contiguous]:

(1) Includes at
least 7 acres of land devoted to accepted agricultural practices; or

(2) Is contiguous
to other agricultural real property owned by the lessee.

(c) [The
improvements on such land which support accepted agricultural practices except
any structure or any portion of a structure used primarily as a human dwelling.]Land covered by a residence or necessary to support the
residence if it is part of a qualified agricultural parcel.

2. The term does not include [:

(a) Any land actually
covered by a structure primarily as a human dwelling or necessary to support
any such residential use.

(b) Any]any land with respect to which the owner has granted
and has outstanding any lease or option to buy the surface rights for other
than agricultural use, except leases for the exploration of geothermal resources
as defined in NRS 361.027, mineral resources or other subsurface resources, or
options to purchase such resources, if such exploration does not interfere with
the agricultural use of the land.

3. As used in this section, accepted
agricultural practices means a mode of operation that is common to farms or
ranches of a similar nature, necessary for the operation of such farms or
ranches to obtain a profit in money and customarily utilized in conjunction
with agricultural use.

Sec. 24. NRS 361A.120 is
hereby amended to read as follows:

361A.120 1. Upon receipt of
an application, the county assessor or the department shall make an independent
determination of the use of the owners real property. The assessor or the
department shall consider the use of the property by its owner or occupant
together with any other [contiguous]
agricultural real property that is a part of one agricultural unit being
operated by the owner or occupant. The assessor or the department shall
consider the use of agricultural real property which is not contiguous to the
owners real property only if that property has been in
agricultural use for at least 2 months during the 2 years preceding the receipt
of the application.

property only if that property has been in agricultural use
for at least 2 months during the 2 years preceding the receipt of the
application.

2. The assessor or the department may
inspect the property and request such evidence of use and sources of income as
is necessary to make an accurate determination of use. The assessor or the
department may deny the application when the owner or occupant refuses to
permit the inspection or furnish the evidence.

3. The department shall provide by
regulation for a more detailed definition of agricultural use, consistent with
the general definition given in NRS 361A.030, for use by county assessors or
the department in determining entitlement to agricultural use assessment.

4. The county assessor or the department
shall approve or deny an applicant no later than December 15 of each year. An
application on which action by the assessor or the department is not completed
by December 15 is approved.

5. The county assessor or the department
shall send to the applicant a written notice of his or its determination within
10 days after determining the applicants entitlement to agricultural use
assessment. If an applicant seeking agricultural use assessment on property located
in more than one county is refused such assessment in any one county, he may
withdraw his application for such assessment in all other counties.

6. The county assessor or the department
shall record the application with the county recorder within 10 days after its
approval.

Sec. 25. NRS 361A.140 is
hereby amended to read as follows:

361A.140 1. On or before the
first Monday in October of each year, the Nevada tax commission shall:

(a) Define the classifications of agricultural
real property.

(b) [Determine]Except as otherwise provided in paragraph (c), determine
the valuations for each classification on the basis provided in NRS 361.325.

(c) Provide for the
determination of the value of the land covered by a residence or necessary to
support the residence in the same manner as other real property pursuant to NRS
361.227.

(d) Prepare a
bulletin listing all classifications and values thereof for the following
assessment year.

2. The county assessors shall classify
agricultural real property utilizing the definitions and applying the
appropriate values published in the tax commissions bulletin.

Sec. 26. NRS 361A.155 is
hereby amended to read as follows:

361A.155 When any portion
of agricultural [real property whose
taxable value as determined pursuant to NRS 361.227 and 361.260 has not been
separately determined for each year in which agricultural use assessment was in
effect for the property]land is
converted [in whole or in part] to
a higher use, the county assessor shall determine its taxable [value at the time of conversion and discount that
valuation as appropriate to determine the valuation]and agricultural use values against which to compute
the deferred tax [.]for each fiscal year the property was under agricultural
assessment during the current fiscal year and the preceding 6 fiscal years, or
such other period as is required pursuant to subsection 2 of NRS 361A.280. The
agricultural use values for each of the years may be based on the agricultural
use for the latest year.

latest year. The taxable values for
each year must be comparable for the corresponding years to the taxable values
for property similar, including, without limitation, in size, zoning and
location, to the portion of property actually converted to a higher use at the
time of conversion.

Sec. 27. NRS 361A.265 is
hereby amended to read as follows:

361A.265 1. An owner of
property which has received an agricultural or
open-space use assessment may, before the conversion of any portion of the
property to a higher use, pay the amount of deferred taxes which would be due
upon the conversion of that property pursuant to NRS 361A.280.

2. An owner who desires to pay the
deferred taxes must request, in writing, the county assessor to estimate the
amount of the deferred taxes which would be due at the time of conversion.
After receiving such a request, the county assessor shall estimate the amount
of the deferred taxes due for the next property tax statement and report the
amount to the owner. [The current tax rate must
be used for any fiscal year for which a tax rate has not been set at the time
the estimate is made.]

3. An owner who voluntarily pays the
deferred taxes may appeal the valuations and calculations upon which the
deferred taxes were based in the manner provided in NRS 361A.273.

4. If a parcel
that has been created after the secured tax roll has been closed is converted
to a higher use, the assessor may apportion the value of the prior parcel or
parcels to the new parcel or parcels and change the roll to reflect the changes
in the parcel or parcels and assess the new parcel at taxable value for the
following year.

Sec. 28. NRS 361A.270 is
hereby amended to read as follows:

361A.270 1. Within
30 days after a parcel or any portion of a parcel of real property which has received
agricultural or open-space use assessment ceases to be used exclusively for
agricultural use or the approved open-space use, the owner shall notify the
county assessor in writing of the date of cessation of that use.

2. In addition to
the notice required by subsection 1, an owner of agriculturally assessed land
who wishes to have a portion of a parcel converted to a higher use rather than
the entire parcel must record and transmit to the county assessor a survey of
the portion of the parcel to be converted. The survey must be transmitted to
the county assessor at the same time as the notice required by subsection 1.
The recordation of a survey pursuant to this subsection does not create a new
parcel.

3. The county
assessor shall keep a description of any portion of a parcel that is separately
converted to a higher use and a record of the taxes paid on that portion of the
parcel with his records for the parcel until the remainder of the parcel is
converted to a higher use or the parcel becomes inactive.

Sec. 29. NRS 361A.280 is
hereby amended to read as follows:

361A.280 1. [For purposes of this section, base year means the
fiscal year in which the property is converted to a higher use.

2. If]Upon the filing of a timely notice pursuant to NRS
361A.270 of the cessation of the exclusive agricultural or approved open-space
use of a parcel or any portion of a parcel of
agricultural land or open-space real property [which is receiving agricultural or open-space use
assessment is converted to a higher use, there must be added]the county assessor shall add to the tax extended against that portion of the property on the next
property tax statement [, an amount equal to the sum of the following:

extended against that portion of the property on the next
property tax statement [, an amount equal to the
sum of the following:

(a) The]the deferred tax, which is the difference between the
taxes which would have been paid or payable on
the basis of the agricultural or open-space use [assessment]valuation and the taxes which would have been
paid or payable on the basis of the taxable value calculated pursuant to [subsections 3 and 4]NRS 361.227, for each year in which agricultural or
open-space use assessment was in effect for the property [, up to 84 months immediately preceding the date of
conversion from agricultural or open-space use. The 84-month period includes
the most recent year of agricultural or open-space use assessment; and

(b) A penalty equal to 20
percent of the accumulated deferred tax on all portions of property for each
year in which the owner failed to give the notice required by NRS 361A.270.

3. Except as
otherwise provided in subsection 4, the value for the base year may be
calculated by determining the taxable value of the property immediately
preceding the conversion to a higher use pursuant to NRS 361.227. The taxable
value for the fiscal year before the base year may be calculated by dividing
the taxable value of the base year by the factor for land applied to the parcel
for that prior year pursuant to NRS 361.260. The quotient is the taxable value
for the year before the base year. The taxable value for each fiscal year
before that time may be calculated in the same manner, by dividing the taxable
value for the year succeeding the fiscal year by the factor for land applied to
the parcel during the prior year.

4. For any fiscal
year before 1982-83 and for any fiscal year in which the area where the parcel
is located was physically reappraised, the median percentage increase in the
taxable value of the five nearest similar parcels not receiving agricultural
assessment may be used in place of the factor for land in making the
calculation of taxable value pursuant to subsection 3.

5. For any year in
which the value of the parcel is affected by a factor which may not have an
equally proportionate effect on similar nearby parcels, such as a change in
zoning ordinances, variances from those ordinances or natural disasters, the
taxable value of the property must be determined pursuant to NRS 361.227.

6.]during the current fiscal year and the preceding 6 fiscal
years.

2. Upon discovery
by a county assessor or receipt of notice pursuant to NRS 361A.270 after 30
days following the date on which a parcel or any portion of a parcel of real
property which has received agricultural or open-space use assessment ceases to
be used exclusively for agricultural use or the approved open-space use, the
county assessor shall add to the tax extended against that portion of the
property on the next property tax statement the deferred tax, which is the
difference between the taxes that would have been paid or payable on the basis
of the agricultural or open-space use valuation and the taxes which would have
been paid or payable on the basis of the taxable value calculated pursuant to
NRS 361.227, for each year in which agricultural or open-space use assessment
was in effect for the property during the fiscal year in which the property
ceased to be used exclusively for agricultural use or approved open-space use
and the preceding 6 fiscal years and any subsequent years up to and including
the current year and in addition thereto assess a
penalty equal to 20 percent of the total accumulated deferred tax for each of
the years in which the owner failed to give the notice required by NRS
361A.270.

thereto assess a penalty equal to 20
percent of the total accumulated deferred tax for each of the years in which
the owner failed to give the notice required by NRS 361A.270.

3. The
deferred tax assessed pursuant to subsection 1 or 2
and penalty assessed pursuant to subsection 2 are
a perpetual lien until paid as provided in NRS 361.450; but if the property [is not converted to a higher use within 84 months]continues to be used exclusively for agricultural use or
approved open-space use for 7 fiscal years after the date of attachment,
the lien for that earliest year then expires.

[7.]The lien is for an undetermined amount until the property is
converted and the amount is determined pursuant to subsection 1 or 2. Any liens
calculated and recorded before July 1, 1989, for property that had not been
converted shall be deemed to have expired on that date.

4. If
agricultural or open-space real property receiving agricultural or open-space
use assessment is sold or transferred to an ownership making it exempt from
taxation ad valorem, any such liens for deferred taxes must be canceled.

[8.]5. The provisions of this section do not
apply to any portion of agricultural or open-space real property if the
deferred tax and any penalty have been paid pursuant to NRS 361A.265.

Sec. 30. NRS 361A.290 is
hereby amended to read as follows:

361A.290 [The
sale or transfer of agricultural or open-space real property which is receiving
agricultural or open-space assessment discharges the seller or transferor from
personal liability for any deferred taxes for which he would otherwise be
liable unless the property ceased to be used exclusively for agricultural use
or approved open-space use during his ownership. The buyer or transferee who
changes the use of the property thereby becomes personally liable for the
deferred taxes.]

1. If there are
deferred taxes that have not been paid under the provisions of NRS 361A.265 or
361A.280 at the time real property is sold or transferred, the seller must
notify the buyer in writing that there is a lien for deferred taxes on the
property.

2. The owner of
the property as of the date on which the deferred taxes become due pursuant to
this chapter is liable for the deferred taxes.

Sec. 31. NRS 362.040 is
hereby amended to read as follows:

362.040 [At
the next succeeding session of the county board of equalization or of the state
board of equalization, the owner of any patented mine or mining claim may
appear before the board, in person or by agent or attorney, and upon]Upon presentation of an affidavit , certified by the county recorder, to the county assessor on
or before November 1 of the year before the fiscal year for which the
assessment has been levied that at least $100 in development work has
been actually performed upon the patented mine or mining claim during the
federal mining assessment work period ending within the year before the fiscal year for which the assessment has
been levied, the [board shall strike]assessor shall exclude from the roll the
assessment against the patented mine or mining claim named in the affidavit.

362.080 [All
such affidavits shall be filed and retained in the office of the county clerk.]The affidavit must be recorded in the office of the
county recorder for the county in which the mine is located.

Sec. 33. NRS 362.090 is
hereby amended to read as follows:

362.090 A single affidavit may be [filed]recorded
for the labor on several patented mines or mining claims belonging to the same
person or held in common ownership, provided all are located in the same
county.

Sec. 34. NRS 489.621 is
hereby amended to read as follows:

489.621 1. Except as otherwise provided in NRS 489.611, any person who moves
a manufactured home, mobile home or commercial coach upon any highway or road
in this state shall, before that movement, apply to the county assessor for a
trip permit. The assessor of the county from which the manufactured home,
mobile home or commercial coach is to be moved shall issue a trip permit for
each section of the manufactured home, mobile home or commercial coach upon
application presented in the form prescribed by the division, payment of a fee
of $5 for each permit, and proof satisfactory to the assessor of ownership and
that all property taxes, for the full year in which the
permit is to be used, and use taxes if applicable, levied against the
manufactured home, mobile home or commercial coach and its contents have been
paid.

2. The trip permit authorizes movement
over the highways and roads for [a period of]
not more than 5 consecutive working days following the date of issuance and the
application and permit respectively must be used in lieu only of any
certificate of registration and vehicle license number plate required by law.

Sec. 35. NRS 489.631 is
hereby amended to read as follows:

489.631 1. The application
for a trip permit must contain any information required by the division, and
the name of the owner of the manufactured home, mobile home or commercial
coach, the make, model and serial number of the manufactured home, mobile home
or commercial coach, the location of the place from which it was moved, the
address of the place to which it is to be moved, the
amount of all property taxes paid for the manufactured home, mobile home or
commercial coach for the year in which the permit will be used, the
expiration date of the permit and the signature of the county assessor or his
designee.

2. The county assessor shall, within 10
days after issuing the trip permit, forward a copy of the application:

(a) To the division; and

(b) To the assessor of the county where the
manufactured home, mobile home or commercial coach will be located, unless the
manufactured home, mobile home or commercial coach is to leave this state.

3. The county assessor shall also provide
a copy of the application [for]:

(a) For use by the
operator of the vehicle moving the manufactured home, mobile home or commercial
coach and the operator shall keep his copy of the application in his possession
at all times during the movement.

(b) To the owner of the
manufactured home, mobile home or commercial coach.

Sec. 37. 1. Notwithstanding
the provisions of subsection 4 of NRS 361.227, as amended by this act, the
depreciation of a billboard must be calculated at:

(a) For fiscal year 1990-1991, 5 percent of the
cost of replacement for each year after the year of acquisition up to a maximum
of 75 percent of the cost of replacement; and

(b) For fiscal year 1991-1992, 3.5 percent of
the cost of replacement for each year after the year of acquisition up to a
maximum of 75 percent of the cost of replacement.

2. Notwithstanding the provisions of NRS
361.483, as amended by this act, the taxes assessed upon a mobile home that are
payable in the fiscal year beginning on July 1, 1989, may only be paid in
installments if the computer software necessary to process and collect those
installments is operative on or before August 1, 1989, in the county which
levied the taxes.

Sec. 38. 1. Sections
1, 5 and 6 of this act become effective on July 1, 1990.

2. Section 7 of this act becomes
effective at 12:01 a.m. on July 1, 1989.

3. This section and the remaining
sections of this act become effective on July 1, 1989.

AN ACT making an appropriation to Douglas
County for the expansion of China Springs Youth Camp; and providing other
matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to Douglas County the sum of $250,000
for the expansion of China Springs Youth Camp.

Sec. 2. Any remaining
balance of the appropriation made by section 1 of this act must not be
committed for expenditure after July 1, 1991, and reverts to the state general
fund as soon as all payments of money committed have been made.

Sec. 3. This act becomes
effective upon passage and approval.

________

κ1989 Statutes
of Nevada, Page 1834κ

CHAPTER 768, AB 181

Assembly Bill No.
181Committee on Government Affairs

CHAPTER 768

AN ACT relating to liquefied petroleum
gas; providing for the compensation of the members of the board for the
regulation of liquefied petroleum gas; requiring the adoption of certain
regulations by the board; authorizing the board to impose intermediate
disciplinary actions; providing a penalty; and providing other matters properly
relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 704 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 and
3 of this act.

Sec. 2. The commission may adopt regulations which provide simplified
procedures for obtaining certificates of public convenience and necessity and
for changing rates for those public utilities which furnish only liquefied
petroleum gas.

Sec. 3. 1. Each dealer who leases a tank for the storage
of liquefied petroleum gas to a customer shall, upon the request of a customer,
remove the tank from the customers premises.

2. The dealer
shall refund to the customer:

(a) On a pro rata basis,
an amount equal to the rent for the unused portion of the lease; and

(b) An amount equal to
the value of the liquefied petroleum gas which remains in the tank when the
tank is removed. In calculating the value of the liquefied petroleum gas, the
dealer shall use the price the customer paid for the liquefied petroleum gas.

3. The dealer
shall mail the refund to the customer within 15 days after the tank is removed
from the customers premises.

4. Any person who
violates any of the provisions of this section is guilty of a misdemeanor.

Sec. 4. NRS 704.070 is
hereby amended to read as follows:

704.070 Unless exempt under the
provisions of NRS 704.075 [:]or section 2 of this act:

1. Every public utility shall file with
the commission, within a time to be fixed by the commission, schedules which
must be open to public inspection, showing all rates, tolls and charges which
it has established and which are in force at the time for any service performed
or product furnished in connection therewith by any public utility controlled
and operated by it.

2. All rules or regulations that in any
manner affect the rates charged or to be charged for any service or product
must be filed with that schedule.

Sec. 5. NRS 704.100 is
hereby amended to read as follows:

704.100 Except as otherwise provided in
NRS 704.075 , section 2 of this act or as may
otherwise be provided by the commission pursuant to NRS 704.095 or 704.275:

1. No changes may be made in any
schedule, including schedules of joint rates, or in the rules or regulations
affecting any rates or charges, except upon 30 days notice to the commission,
and all changes must be plainly indicated, or by filing
new schedules in lieu thereof 30 days before the time the schedules are to take
effect.

or by filing new schedules in lieu thereof 30 days before
the time the schedules are to take effect. The commission, upon application of
any public utility, may prescribe a shorter time within which a reduction may
be made.

2. Copies of all proposed, new or amended
schedules must be filed and posted in the offices of public utilities as
required for original schedules.

3. A public utility may set forth as
justification for a rate increase items of expense or rate base which have been
considered and disallowed by the commission, only if those items are clearly
identified in the application and new facts or considerations of policy for
each item are advanced in the application to justify a reversal of the
commissions prior decision.

4. The commission shall determine whether
a hearing must be held when the proposed change in any schedule stating a new
or revised individual or joint rate, fare or charge, or any new or revised
individual or joint regulation or practice affecting any rate, fare or charge,
will result in an increase in annual gross revenue as certified by the
applicant of $2,500 or less.

5. In making the determination the
commission shall first consider all timely written protests, any presentation
the staff of the commission may desire to present, the application and any
other matters deemed relevant by the commission.

Sec. 6. NRS 704.110 is
hereby amended to read as follows:

704.110 Except as otherwise provided in
NRS 704.075 , section 2 of this act or as may
otherwise be provided by the commission pursuant to NRS 704.095:

1. Whenever there is filed with the
commission any schedule stating a new or revised individual or joint rate, fare
or charge, or any new or revised individual or joint regulation or practice
affecting any rate, fare or charge, or any schedule resulting in
discontinuance, modification or restriction of service, the commission may, [either] upon complaint or upon its own
motion without complaint, at once, without answer or formal pleading by the
interested utility, investigate or, upon reasonable notice, conduct a hearing
concerning the propriety of the rate, fare, charge, classification, regulation,
discontinuance, modification, restriction or practice.

2. Pending the investigation or hearing
and the decision thereon, the commission, upon delivering to the utility
affected thereby a statement in writing of its reasons for the suspension, may
suspend the operation of the schedule and defer the use of the rate, fare,
charge, classification, regulation, discontinuance, modification, restriction
or practice, but not for more than 150 days beyond the time when the rate,
fare, charge, classification, regulation, discontinuance, modification,
restriction or practice would otherwise go into effect.

3. Whenever there is filed with the
commission any schedule stating an increased individual or joint rate, fare or
charge for service or equipment, the public utility shall submit with its
application a statement showing the recorded results of revenues, expenses,
investments and costs of capital for its most recent 12 months for which data
were available when the application was prepared. During any hearing concerning
the increased rates, fares or charges determined by the commission to be
necessary, the commission shall consider evidence in support of the increased
rates, fares or charges based upon actual recorded results of operations for
the same 12 months, adjusted for increased revenues, any
increased investment in facilities, increased expenses for depreciation,
certain other operating expenses as approved by the commission and changes in
the costs of securities which are known and are measurable with reasonable
accuracy at the time of filing and which will become effective within 6 months
after the last month of those 12 months, but no new rates, fares or charges may
be placed into effect until the changes have been experienced and certified by
the utility to the commission.

for increased revenues, any increased investment in
facilities, increased expenses for depreciation, certain other operating
expenses as approved by the commission and changes in the costs of securities
which are known and are measurable with reasonable accuracy at the time of
filing and which will become effective within 6 months after the last month of
those 12 months, but no new rates, fares or charges may be placed into effect
until the changes have been experienced and certified by the utility to the
commission. The commission shall also consider evidence supporting expenses for
depreciation, calculated on an annual basis, applicable to major components of
the public utilitys plant placed into service during the recorded test period
or the period for certification as set forth in the application. Adjustments to
revenues, operating expenses and costs of securities must be calculated on an
annual basis. Within 90 days after the filing with the commission of the
certification required in this subsection, or before the expiration of any
period of suspension ordered pursuant to subsection 2, whichever time is
longer, the commission shall make such order in reference to those rates, fares
or charges as may be required by this chapter.

4. After full investigation or hearing,
whether completed before or after the date upon which the rate, fare, charge,
classification, regulation, discontinuance, modification, restriction or
practice is to go into effect, the commission may make such order in reference
to the rate, fare, charge, classification, regulation, discontinuance,
modification, restriction or practice as would be proper in a proceeding
initiated after the rate, fare, charge, classification, regulation,
discontinuance, modification, restriction or practice has become effective.

5. Whenever an application is filed by a
public utility for an increase in any rate, fare or charge based upon increased
costs in the purchase of fuel or power, and the public utility has elected to
use deferred accounting for costs of the purchase of fuel or power in
accordance with the commissions regulations, the commission, by appropriate
order after a public hearing, shall allow the public utility to clear the
deferred account not more often than every 6 months by refunding any credit
balance or recovering any debit balance over a period not to exceed 1 year as
determined by the commission. The commission shall not allow a recovery of a
debit balance or any portion thereof in an amount which would result in a rate
of return in excess of the rate of return most recently granted the public
utility.

6. Except as provided in subsection 7 or
in NRS 707.350, whenever an application for an increased rate, fare or charge
for, or classification, regulation, discontinuance, modification, restriction
or practice involving service or equipment has been filed with the commission,
a public utility shall not submit another application until all pending
applications for increases in rates submitted by that public utility have been
decided unless, after application and hearing, the commission determines that a
substantial financial emergency would exist if the other application is not
permitted to be submitted sooner.

7. A public utility may not file an
application to recover the increased cost of purchased fuel, purchased power,
or natural gas purchased for resale more often than once every 30 days.

8. A utility facility identified in a
3-year plan submitted pursuant to NRS 704.741 or 704.755 and accepted by the
commission for acquisition or construction pursuant to NRS 704.751 or 704.755
and the regulations adopted pursuant thereto shall be deemed to be a prudent
investment. The utility may recover all just and reasonable costs of planning
and constructing such a facility. For the purposes of this subsection, utility
facility has the meaning ascribed to it in subsections 1, 2 and 3 of NRS
704.860.

Sec. 7. (Deleted by
amendment.)

Sec. 8. Chapter 590 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. Each dealer who
leases a tank for the storage of liquefied petroleum gas to a customer shall,
upon the request of a customer, remove the tank from the customers premises,
at no charge to the customer.

2. The dealer
shall refund to the customer:

(a) On a pro rata basis,
an amount equal to the rent for the unused portion of the lease; and

(b) An amount equal to
the value of the liquefied petroleum gas which remains in the tank when the
tank is removed. In calculating the value of the liquefied petroleum gas, the
dealer shall use the price the customer paid for the liquefied petroleum gas.
If removal of liquefied petroleum gas from the tank is necessary to allow the
dealer to remove the tank from the customers premises, there may be no charge
imposed upon the customer for the removal of the gas.

3. The dealer
shall mail the refund to the customer within 15 days after the tank is removed
from the customers premises.

Sec. 9. NRS 590.465 is
hereby amended to read as follows:

590.465 NRS 590.465 to 590.645,
inclusive, and section 8 of this act, may be
cited as the Nevada Liquefied Petroleum Gas Act.

Sec. 10. NRS 590.485 is
hereby amended to read as follows:

590.485 1. The board for the
regulation of liquefied petroleum gas, consisting of five members appointed by
the governor, is hereby created.

2. The governor shall appoint:

(a) One member who is a volunteer fireman in a
rural area of this state.

(b) One member who is a fireman employed by the
fire department of a city in this state.

(c) One member who is engaged in the sale or
distribution of liquefied petroleum gas in this state.

(d) Two members who are representatives of the
general public.

3. After the initial terms, the members
of the board must be appointed to terms of 4 years.

4. Any appointed member may, for cause,
inefficiency or neglect of duties, be removed from office by the governor.

5. The members of the board are [not] entitled to compensation [.]at the rate of
$60 per day spent attending regular meetings of the board and conducting
hearings on behalf of the board which must be paid out of the money of the
board, after approval by a majority of the board.

6. The subsistence allowances and travel
expenses of the members of the board must be paid out of the money of the
board, after approval by a majority of the board.

7. No more than three members of the
board may belong to the same political party.

Sec. 11. NRS 590.495 is hereby
amended to read as follows:

590.495 1. The board shall
hold three regular meetings per year in the months of March, July and November
at such times and at such places as may be specified by a call of the chairman.

2. Special meetings may be held at such
times and places as may be specified by a call of the chairman or a majority of
the board.

3. At the regular meeting in March of
each year, the board shall elect, by majority vote, a chairman, vice chairman
and secretary-treasurer, who shall hold their respective offices for a period
of 1 year .[and
are thereafter ineligible to be reelected to the same office for the next
ensuing year.]

4. Three members of the board constitute
a quorum, and may exercise all the power and authority conferred on the board.

5. If the board conducts a hearing
concerning the location of a facility for the storage of liquefied petroleum
gas pursuant to NRS 590.547, the board shall:

(a) Notify the governing body and fire
protection agency of the town; and

(b) Post a notice in a conspicuous place in the
town,

in which the hearing will be held, at least 10 days before
the hearing.

6. In addition to any other notice, the
board shall post the agenda of each meeting in:

(a) The county seat of each county in this
state; and

(b) Each city or town,

in which a project identified on the agenda is located.

Sec. 12. NRS 590.505 is
hereby amended to read as follows:

590.505 1. The board may
adopt a seal for its own use which must have imprinted thereon the words Board
for the Regulation of Liquefied Petroleum Gas. The care and custody of the
seal is the responsibility of the secretary-treasurer of the board.

2. The board may appoint an executive
secretary and shall employ such other technical, clerical or investigative
personnel as it deems necessary. The board shall fix the compensation of the
executive secretary and all other employees, to be paid out of the money of the
board. The board may require the executive secretary and any other employees to
give a bond to the board for the faithful performance of their duties, the
premiums on the bond being paid out of the money of the board.

3. In carrying out the provisions of NRS
590.465 to 590.645, inclusive, and holding its regular or special meetings, the
board shall adopt:

(a) Written policies setting forth procedures
and methods of operation for the board.

(b) Regulations describing the responsibilities
of each employee of the board.

4. The board shall submit to the legislature and the governor a biennial report before
September 1 of each even-numbered year, covering the biennium ending June 30 of
that year, of its transactions during the preceding biennium, including a
complete statement of the receipts and expenditures of the board during the
period [.]and
any complaints received by the board.

5. The board shall keep accurate records
and minutes of all meetings and the records and minutes so kept must be open to
public inspection at all reasonable times. The board shall also keep a record
of all applications for licenses, and licenses issued by it, which is a public
record.

Sec. 13. NRS 590.515 is
hereby amended to read as follows:

590.515 1. In addition to
any other regulations it is authorized or required to adopt, the board shall
adopt such other regulations as are reasonably necessary for the protection of
the health, welfare and safety of the public and persons using liquefied
petroleum gases.

2. All regulations adopted by the board
relating to safety must be in substantial conformity with the generally
accepted standards of safety concerning the same subject matter. The board
shall adhere to the following conditions in this regard:

(a) The regulations relating to safety in the
storage, distribution, dispensing, transporting and utilization of LPG in this
state and in the manufacture, fabrication, assembly, sale, installation and use
of LPG systems, containers, apparatus or appliances must be just and reasonable
and must conform, as nearly as possible, to the standards of the National Fire
Protection Association, relating to the design, construction, installation and
use of systems, containers, apparatus, appliances and pertinent equipment for
the storage, transportation, dispensation and utilization of LPG.

(b) Before any regulations are adopted, the
secretary of the board shall give at least 10 days notice to all applicants
and licensees under NRS 590.465 to 590.645, inclusive, by mailing an accurate
copy of the new, revised or amended regulations which the board proposes to
adopt together with a written notice signed by the secretary. Any person
affected is entitled to appear at the public hearing on the regulation in
person and by counsel. A certificate reciting the adoption and the effective
date must be signed by the members comprising a majority of the board. Within
10 days after the adoption of the regulation the secretary shall cause to be
mailed to each applicant or licensee under NRS 590.465 to 590.645, inclusive, a
true and correct copy of the regulation. A facsimile of any members signature
may be used under this paragraph if authorized by the member.

3. In addition,
the board shall adopt regulations which:

(a) Provide for members
of the board to act, individually or collectively, as hearing officers to
mediate complaints filed by persons who use liquefied petroleum gas. Any such
hearing must be open to the public, recorded on tape and prior notice thereof
must be mailed by the board to any person who requests to receive notice of
such hearings.

(b) Require each licensee
to disclose uniformly information which the board determines is necessary to
disseminate to the licensees customers and prospective customers. The board
may adopt forms for such disclosures, but shall also require each licensee to post
its rates and, upon request, disclose by telephone its applicable rates to
existing and potential customers who so inquire.

590.605 1. Whenever the
board has reasonable grounds to believe that any applicant or licensee under
NRS 590.465 to 590.645, inclusive, is violating any of the provisions of NRS
590.465 to 590.645, inclusive, or regulations or specifications adopted
hereunder, or is violating or failing to comply with any of the health and
safety laws or regulations in force in this state, or is acting or conducting
his operations in any other manner which the board deems to be inimical and not
to the best interests of the health, safety or welfare of the people of this
state, the board may, after a hearing, suspend or revoke any or all licenses
previously issued under the provisions of NRS 590.465 to 590.645, inclusive [.], or take such
intermediate actions, including the imposition of fines, as it deems
appropriate under the circumstances. If the board has reasonable grounds
to believe that a licensee is delivering a lesser quantity of gas than he bills
the customer for with the intent to defraud, [such
fact shall]that fact must be
reported to the state sealer of weights and measures.

2. The board shall cite the licensee,
upon notice, stating reasons and given not less than 10 days [prior to]before
the date set for the hearing, to appear and show cause, if any he has, why the
licensee should not be revoked or suspended [.]or other disciplinary action should not be taken.

3. The board may conduct investigations,
summon and compel the attendance of witnesses, require the production of any
records or documents and provide for the taking of depositions under the Nevada
Rules of Civil Procedure in connection with such hearings.

4. If, upon hearing, the board is
satisfied that the violation charged is true, or if the licensee fails to
appear and show cause, the board may revoke or suspend the license summarily [.]or take such
intermediate action, including the imposition of a fine, as it deems
appropriate.

5. The findings of the board [,]pursuant to
this section, the judgment and the order [shall]must be reduced to writing and filed in the
permanent public records of the board. Copies [shall]must be furnished to the licensee [.]and the
complaining customer, if any. A licensee who petitions for judicial
review is entitled to a trial de novo, and enforcement of the boards order [shall]must
be stayed until judicial review is completed.

6. In any case where the board refuses to
issue a license, or suspends or revokes a license, the applicant or accused may
submit another application for the consideration of the board.

Sec. 16. NRS 590.640 is
hereby amended to read as follows:

590.640 1. Any person who
violates any of the provisions of NRS 590.465 to 590.645, inclusive, and section 8 of this act, or any of the rules,
regulations or specifications promulgated thereunder, [shall
be]is guilty of a misdemeanor.

2. [Whenever]If any person has engaged or is about to engage
in any acts or practices which constitute or will constitute an offense against
the provisions of NRS 590.465 to 590.645, inclusive, the district court of any
county, on application of the board, may issue an injunction or other
appropriate order restraining such conduct. Proceedings [under
this subsection shall]pursuant to this
subsection must be governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking [shall
be] is required in any action commenced by the board.

of Civil Procedure, except that no bond or undertaking [shall be]is required
in any action commenced by the board.

Sec. 17. NRS 590.470 is
hereby repealed.

Sec. 18. 1. This
section and sections 1, 2 and 13 become effective upon passage and approval for
the purpose of adopting regulations pursuant to this act and on October 1,
1989, for all other purposes.

2. Sections 3, 4, 5, 7 to 12, inclusive,
and 14 to 17, inclusive, become effective on October 1, 1989.

3. Section 6 becomes effective at 12:01
a.m. on October 1, 1989.

________

CHAPTER 769, AB 194

Assembly Bill No.
194Committee on Health and Welfare

CHAPTER 769

AN ACT relating to the legislative
committee on health care; revising the manner in which the members, chairman
and vice chairman of the legislative committee on health care are selected;
requiring the committee to make annual reports to the legislative commission;
and providing other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 439B.200 is
hereby amended to read as follows:

439B.200 1. There is hereby
established a legislative committee on health care consisting of three members
of the senate and three members of the assembly [.], appointed by the legislative commission. The
members must be appointed with appropriate regard for their experience with and
knowledge of matters relating to health care. [The
members must be appointed as follows:

(a) Two members must be
appointed by the majority leader of the senate;

(b) One member must be
appointed by the minority leader of the senate;

(c) Two members must be
appointed by the speaker of the assembly; and

(d) One member must be
appointed by the minority leader of the assembly.]

2. No member of the committee may:

(a) Have a financial interest in a health
facility in this state;

(b) Be a member of a board of directors or
trustees of a health facility in this state;

(c) Hold a position with a health facility in
this state in which the legislator exercises control over any policies
established for the health facility; or

(d) Receive a salary or other compensation from
a health facility in this state.

This subsection does not prohibit a member of the committee
from selling goods which are not unique to the provision of health care to a
health facility if the member primarily sells such goods to persons who are not
involved in the provision of health care.

3. The [majority
leader of the senate shall select the chairman of the committee and the speaker
of the assembly shall select the vice chairman of the committee.]legislative commission shall select the chairman and
vice chairman of the committee from among the members of the committee.
Each such officer shall hold office for a term of 2 years commencing on July 1
of each odd-numbered year. [If a vacancy occurs
in the chairmanship or vice chairmanship, the majority leader of the senate or
the speaker of the assembly, as appropriate, shall appoint a replacement for
the remainder of the unexpired term.]

4. Any member of the committee who does
not return to the legislature continues to serve until the next session of the
legislature convenes.

5. Vacancies on the committee must be
filled in the same manner as original appointments.

6. The committee
shall report annually to the legislative commission concerning its activities
and any recommendations.

Sec. 2. This act becomes
effective on July 1, 1989.

________

CHAPTER 770, AB 704

Assembly Bill No.
704Committee on Ways and Means

CHAPTER 770

AN ACT relating to insurance; increasing
the tax on net premiums and considerations paid by insurers; and providing
other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 680B.027 is
hereby amended to read as follows:

680B.027 1. Except as
provided in NRS 680B.033, for the privilege of transacting business in this
state, each insurer shall pay to the commissioner a tax upon his net premiums
and net considerations at the rate of [3]3.5 percent.

2. The tax must be paid at the same time
the report required by NRS 680B.030 is filed.

3. The commissioner may require at any
time verified supplemental statements with reference to any matter pertinent to
the proper assessment of the tax.

Sec. 2. This act becomes
effective on July 1, 1989.

________

κ1989
Statutes of Nevada, Page 1843κ

CHAPTER 771, AB 278

Assembly Bill No.
278Assemblymen Thompson and Callister

CHAPTER 771

AN ACT making an appropriation from the
reserve fund for the supplemental city-county relief tax to the Clark County
Conservation District for the construction of irrigation pipes to reduce the
salt content of the Colorado River; and providing other matters properly
relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. 1. There
is hereby appropriated from the reserve fund for the supplemental city-county
relief tax created pursuant to NRS 354.5988 to the Clark County Conservation
District for the off-farm construction of irrigation pipes to reduce the salt
content of the Colorado River:

For the fiscal year 1989-90............................................................................. $250,000

For the fiscal year 1990-91............................................................................. $250,000

2. The state controller shall not
transfer money from this appropriation unless the director of the department of
taxation informs him that the Clark County Conservation District has provided
the director with evidence of written commitments for the following amounts of
money and a schedule for its receipt:

(a) From Clark County, the sum of $542,500;

(b) From the Muddy Valley Irrigation Company,
other local entities and grants, the sum of $476,500; and

(c) From the Federal Government, an amount equal
to 70 percent of the cost of the off-farm construction.

AN ACT relating to the commission on
economic development; imposing certain conditions upon the expenditure of money
by the commission for the costs of opening and maintaining an office and
showroom in the Taipei World Trade Center; and providing other matters properly
relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. The commission on
economic development may expend money for the opening and maintaining of an
office and showroom in the Taipei World Trade Center in Taiwan only if:

1. At least $25,000 for each fiscal year
is contributed to the commission on economic development from the Las Vegas
Convention and Visitors Authority for the support of the project;

2. At least $10,000 for each fiscal year
is contributed to the commission on economic development from the Reno-Sparks
Convention Authority for the support of the project; and

3. The commission on economic
development, Las Vegas Convention and Visitors Authority and Reno-Sparks
Convention Authority agree on a plan of expenditure for all money available for
the project.

Sec. 2. This act becomes
effective upon July 1, 1989.

________

CHAPTER 773, AB 338

Assembly Bill No. 338Committee
on Transportation

CHAPTER 773

AN ACT relating to motor vehicles;
increasing the maximum penalty for certain unlawful acts relating to liability
insurance and security for payment of liabilities arising from maintenance or
use of a motor vehicle; and providing other matters properly relating thereto.

(a) Operate the motor vehicle, if it is
registered or required to be registered in this state, without having security
for payment of liabilities arising from maintenance or use or the vehicle as
requested by NRS 485.185.

(b) Operate or knowingly permit the operation of
the motor vehicle without having evidence of current insurance of the operator
or the vehicle in the vehicle.

(c) Fail or refuse to surrender, upon demand, to
a peace officer or to an authorized representative of the department proof of
security.

(d) Knowingly permit the operation of the motor
vehicle in violation of subsection 3 of NRS 485.186.

2. Except as otherwise provided in
subsection 3, any person who violates subsection 1 shall be fined not less than
$300 nor more than [$500.]$1,000.

3. A person may not be fined for a
violation of paragraph (a), (b) or (c) of subsection 1 if he presents evidence
to the court that the security required by NRS 485.185 was in effect at the
time demand was made for it.

4. Failure to deposit security if so
required by the provisions of NRS 485.190 is prima facie evidence of violation
of the provisions of this section.

5. The provisions of paragraphs (b) and
(c) of subsection 1 do not apply if the motor vehicle in question displays a
valid permit issued by the department pursuant to NRS
482.3212, 482.396, 482.423 or 482.424 authorizing the movement or operation of
that vehicle within the state for a limited time.

pursuant to NRS 482.3212, 482.396, 482.423 or 482.424
authorizing the movement or operation of that vehicle within the state for a
limited time.

________

CHAPTER 774, AB 379

Assembly Bill No.
379Committee on Ways and Means

CHAPTER 774

AN ACT making appropriations from the
reserve fund for the supplemental city-county relief tax; appropriating money
for the repair and operation of certain water systems; and providing other
matters properly relating thereto.

[Approved July 5, 1989]

whereas, The
only practical source of water in Imlay is a water system which, until
recently, was under private ownership; and

whereas, The
private owner abandoned the water system upon learning that compliance with
federal regulations would require the repair of the system at substantial
expense; and

whereas, It
thereby became necessary for Pershing County to provide for the health, safety
and welfare of the residents of Imlay by assuming the maintenance and operation
of the water system; and

whereas, Pershing
County does not have sufficient financial resources to continue both its
unanticipated operation of the water system and its funding of other necessary
county services; and

whereas, The
placement and condition of the water storage tanks which serve the residents of
the area known as Blue Diamond cause the water pressure to be insufficient to
produce the effect needed for the operation of the areas fire hydrants; and

whereas, Many
of Blue Diamonds municipal water pipes are undersized and many have holes that
need to be patched; and

whereas, These
deficiencies coupled with the fact that the areas wells do not produce enough
water to serve the residents of Blue Diamond during the peak periods of use;
and

whereas, NRS
354.5988 authorizes special distributions to be made from the reserve fund for
the supplemental city-county relief tax if unforeseen or uncontrollable
conditions, existing or imminent, substantially impair the financial capacity
of a local government to provide the basic services for which it was created;
now, therefore

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. There is hereby
appropriated from the reserve fund for the supplemental city-county relief tax
created pursuant to NRS 354.5988 to Pershing County the sum of $110,000 for the
repair and operation of a water system to serve the residents of Imlay.

Sec. 2. There is hereby
appropriated from the reserve fund for the supplemental city-county relief tax
created pursuant to NRS 354.5988 to Clark County the sum
of $300,000 to rehabilitate the water system serving the residents of the Blue
Diamond area.

County the sum of $300,000 to rehabilitate the water system
serving the residents of the Blue Diamond area.

Sec. 3. 1. Any
remaining balance of the appropriation made by section 1 of this act must not
be committed for expenditure after the project is completed and reverts to the
reserve fund for the supplemental city-county relief tax as soon as all
payments of money committed have been made.

2. Any remaining balance of the
appropriation made by section 2 of this act must not be committed for
expenditure after the project is completed and reverts to the reserve fund for
the supplemental city-county relief tax as soon as all payments of money
committed have been made.

Sec. 4. As soon as
practicable after the effective date of this act, the state controller shall
transfer the money appropriated by sections 1 and 2 of this act to the county
treasurer of Pershing County and the county treasurer of Clark County,
respectively.

AN ACT relating to contracts of insurance;
requiring insurers transacting motor vehicle insurance to offer certain
insureds uninsured and underinsured vehicle coverage up to the limits of the coverage
for bodily injury and coverage for medical expenses; and providing other
matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 687B.145 is
hereby amended to read as follows:

687B.145 1. Any policy of
insurance or endorsement providing coverage under the provisions of NRS
690B.020 or other policy of casualty insurance may provide that if the insured
has coverage available to him under more than one policy or provision of
coverage, any recovery or benefits may equal but not exceed the higher of the
applicable limits of the respective coverages, and the recovery or benefits
must be prorated between the applicable coverages in the proportion that their
respective limits bear to the aggregate of their limits. Any provision which
limits benefits pursuant to this section must be in clear language and be
prominently displayed in the policy, binder or endorsement. Any limiting
provision is void if the named insured has purchased separate coverage on the
same risk and has paid a premium calculated for full reimbursement under that
coverage.

2. Insurance companies [doing business]transacting
motor vehicle insurance in this state must offer ,
on a form approved by the commissioner, uninsured [motorist]and
underinsured vehicle coverage in an amount
equal to the limits of coverage for bodily injury
[coverage] sold to [the policyholder.

to the limits of coverage for
bodily injury [coverage] sold to [the policyholder. Uninsured motorist]an insured under a policy of insurance covering the use of a
passenger car. The insurer is not required to reoffer the coverage to the
insured in any replacement, reinstatement, substitute or amended policy, but
the insured may purchase the coverage by requesting it in writing from the
insurer. Each renewal must include a copy of the form offering such coverage.
Uninsured and underinsured vehicle coverage must include a provision
which enables the insured to recover up to the limits of his own coverage any
amount of damages for bodily injury from his insurer which he is legally
entitled to recover from the owner or operator of the other vehicle to the
extent that those damages exceed the limits of the coverage
for bodily injury [coverage]
carried by that owner or operator.

3. An insurance
company transacting motor vehicle insurance in this state must offer an insured
under a policy covering the use of a passenger car, the option of purchasing
coverage in an amount of at least $1,000 for the payment of reasonable and
necessary medical expenses resulting from an accident. The offer must be made
on a form approved by the commissioner. The insurer is not required to reoffer
the coverage to the insured in any replacement, reinstatement, substitute or
amended policy, but the insured may purchase the coverage by requesting it in
writing from the insurer. Each renewal must include a copy of the form offering
such coverage.

4. An
insurer shall not, as a condition of settlement of a claim against its insured,
require a claimants insurer to waive the right to be subrogated to the rights
of the claimant in an action against the insured for damages. As used in this
subsection, damages means the amount that the insured is alleged to be liable
to the claimant in excess of the limits of bodily injury coverage set by the
insureds policy of casualty insurance.

5. As used in this
section passenger car has the meaning ascribed to it in NRS 482.087.

Sec. 2. The amendatory
provisions of this act apply to policies issued or renewed on or after January
1, 1990.

Sec. 3. This act becomes
effective January 1, 1990.

________

κ1989
Statutes of Nevada, Page 1848κ

CHAPTER 776, SB 550

Senate Bill No. 550Committee on Finance

CHAPTER 776

AN ACT relating to financial
administration; authorizing a temporary advance from the state general fund to
a certain budget account of the aging services division of the department of
human resources; and providing other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 353 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. If the
administrator of the aging services division of the department of human
resources determines that current claims exceed the amount of money available
because revenue from billed services has not been collected, he may request
from the director of the department of administration a temporary advance from
the state general fund for the payment of authorized expenses.

2. The director of
the department of administration shall notify the state controller and the
fiscal analysis division of the legislative counsel bureau of his approval of a
request made pursuant to subsection 1. The state controller shall draw his
warrant upon receipt of the approval by the director of the department of
administration.

3. An advance from
the state general fund:

(a) May be approved by
the director of the department of administration for the budget account of the
senior services program of the aging services division of the department of
human resources.

(b) Is limited to 25
percent of the revenues expected to be received in the current fiscal year from
any source other than legislative appropriation.

4. Any money which
is temporarily advanced from the state general fund to the account pursuant to
subsection 3 must be repaid by August 31 following the end of the immediately preceding
fiscal year.

Sec. 2. This act becomes
effective upon passage and approval.

________

κ1989
Statutes of Nevada, Page 1849κ

CHAPTER 777, AB 478

Assembly Bill No.
478Committee on Health and Welfare

CHAPTER 777

AN ACT relating to child care facilities;
allowing certain children who have not been immunized to be admitted
conditionally to a child care facility; and providing other matters properly
relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 432A.230 is
hereby amended to read as follows:

432A.230 1. [Unless]Except as
otherwise provided in subsection 3 and unless excused because of
religious belief or medical condition, a child may not be admitted to any child
care facility within this state, including a facility licensed by a county or
city, unless his parents or guardian submit to the operator of the facility a
certificate stating that the child has been immunized and has received proper
boosters for that immunization or is complying with the schedules established
by regulation pursuant to NRS 439.550 for the following diseases:

(a) Diphtheria;

(b) Tetanus;

(c) Pertussis if the child is under 6 years of
age;

(d) Poliomyelitis;

(e) Rubella;

(f) Rubeola; and

(g) Such other diseases as the local board of
health or the state board of health may determine.

2. The certificate must show that the
required vaccines and boosters were given, and must bear the signature of the
licensed physician or registered nurse who administered the vaccines or
boosters.

3. [If the
requirements of subsection 1 can be met with one visit to a physician or
clinic, procedures for conditional admission do not apply.

4.] A child whose parent or guardian has not established a permanent
residence in the county in which a child care facility is located and whose
history of immunization cannot be immediately confirmed by a physician in this
state or a local health officer, may enter [a]the child care facility conditionally if the
parent or guardian [submits]:

(a) Agrees to submit
within 15 days a certificate from a physician or local health officer
that the child has received or is receiving the
required immunizations [.]; and

(b) Submits proof that he
has not established a permanent residence in the county in which the facility
is located.

4. If a
certificate from the physician or local health officer showing that the child
has [been fully immunized is not submitted to the
operator of the child care facility within 90 days after the child was
conditionally admitted,]received or is
receiving the required immunizations is not submitted to the operator of the
child care facility within 15 days after the child was conditionally admitted,
the child must be excluded from the facility.

5. Before December 31 of each year, each
child care facility must report to the health division of the department, on a
form furnished by the division, the exact number of children who have [completed]:

(a) Been admitted
conditionally to the child care facility; and

(b) Completed the
immunizations required by this section.

________

CHAPTER 778, AB 451

Assembly Bill No.
451Committee on Judiciary

CHAPTER 778

AN ACT relating to crimes; adding certain
offenses to the list of crimes for which an additional penalty is prescribed if
the victim is 65 years of age or older; and providing other matters properly
relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 193.167 is
hereby amended to read as follows:

193.167 1. Any person who
commits the crime of:

(a) Assault;

(b) Battery;

(c) Kidnaping;

(d) Robbery;

(e) Sexual assault; [or]

(f) Embezzlement of money
or property of a value of $250 or more;

(g) Obtaining money or
property of a value of $250 or more by false pretenses; or

(h) Taking money
or property from the person of another,

against any person who is 65 years of age or older shall be
punished by imprisonment in the county jail or state prison, whichever [is applicable,]applies,
for a term equal to and in addition to the term of imprisonment prescribed by
statute for the crime. The sentence prescribed by this section must run
consecutively with the sentence prescribed by statute for the crime [.]and any other
additional penalty prescribed by statute.

2. This section does not create any
separate offense but provides an additional penalty for the primary offense,
whose imposition is contingent upon the finding of the prescribed fact.

AN ACT relating to contracts of insurance;
prohibiting under certain circumstances clauses in policies of motor vehicle
insurance which exclude members of the household of the named insured or
another named insured from coverage for bodily injury; and providing other
matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 687B of NRS
is hereby amended by adding thereto a new section to read as follows:

A policy of motor vehicle
insurance covering a private passenger car may be delivered or issued for
delivery in this state if it contains an exclusion, reduction or other
limitation of coverage for the liability of any named insured for bodily injury
to:

1. Another named
insured; or

2. Any member of
the household of a named insured,

unless the named insured rejects the
exclusion, reduction or other limitation of coverage after full disclosure of
the limitation by the insurer on a form approved by the commissioner. The form
must be written in a manner which is easily understood, printed in at least
12-point type and contain the statement I understand that this policy
excludes, reduces and limits coverage for bodily injury to members of my family
and other named insureds, including the following persons: (followed by a list
of names of the family members and other named insureds whose coverage has been
excluded, reduced or limited). The list of names must be handwritten by the
insured and followed by his full signature. The disclosed exclusion, reduction
or other limitation of coverage continues until the named insured notifies the
insurer in writing of his desire to reject it. The insurer must disclose upon
renewal of the policy that coverage has been excluded, reduced or limited and
that the named insured has the right to reject the exclusion, reduction or
limitation. The insurer must also disclose to the named insured upon renewal
any additional motor vehicle coverages that the insurer sells. These disclosures
must be written in a form easily understood and printed in at least 12-point
type.

AN ACT relating to correctional
institutions; requiring the establishment of a program of regimental
discipline; making appropriations; and providing other matters properly
relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 209 of NRS
is hereby amended by adding thereto a new section to read as follows:

The director, with the approval
of the board, shall establish and administer a program of regimental discipline
for persons who are ordered to undergo such a program pursuant to section 4 of
this act. The program must include:

1. Incarceration
and segregation of the persons in an appropriate facility of the department;

2. Strenuous
physical exercise and hard labor;

3. Military
drills; and

4. Sessions for instruction
in:

(a) The recognition and
prevention of the abuse of alcohol and drugs;

(b) The management of
stress;

(c) Building character;

(d) Learning to behave in
a rational manner; and

(e) Preparing for and
obtaining employment.

Sec. 2. Chapter 176 of NRS
is hereby amended by adding thereto the provisions set forth as sections 3 and
4 of this act.

Sec. 3. The legislature hereby determines and declares that a program
of regimental discipline is not to be used as an alternative to probation, but
as an alternative to incarceration.

Sec. 4. 1. If a defendant:

(a) Is male;

(b) Has been convicted of
a felony that does not involve an act of violence;

(c) Is at least 18 years
of age;

(d) Has never been
incarcerated in jail or prison as an adult for more than 6 months; and

(e) Is otherwise eligible
for probation,

the court may order the defendant
satisfactorily to complete a program of regimental discipline for 150 days
before sentencing the defendant or in lieu of causing the sentence imposed to be
executed upon violation of a condition of probation or suspension of sentence.

2. If the court
orders the defendant to undergo a program of regimental discipline, it:

(a) Shall place the
defendant under the supervision of the director of the department of prisons
for 150 days, the first 30 days of which must be used to determine the
defendants eligibility to participate in the program.

(b) Shall, if
appropriate, direct the chief parole and probation officer to provide a copy of
the defendants records to the director of the department of prisons.

(c) Shall require the
defendant to be returned to the court not later than 30 days after he is placed
under the supervision of the director, if he is determined to be ineligible for
the program.

(d) May require such
reports concerning the defendants participation in the program as it deems
desirable.

3. If the
defendant is ordered to complete the program before sentencing, the director of
the department of prisons shall return the defendant to the court not later
than 150 days after the defendant began the program. The director shall certify
either that the defendant satisfactorily completed the program or that he did
not, and shall report of the results of his evaluation, including any
recommendations which will be helpful in determining the proper sentence. Upon
receiving the report, the court shall sentence the defendant.

4. If the
defendant is ordered to complete the program in lieu of causing the sentence
imposed to be executed upon the violation of a condition of probation and the
defendant satisfactorily completes the program, the director of the department
of prisons shall, not later than 150 days after the defendant began the
program, return the defendant to court with certification that the defendant
satisfactorily completed the program. The court shall direct that:

(a) The defendant be
placed under supervision of the chief parole and probation officer; and

(b) The director of the
department of prisons cause a copy of the records concerning the defendants
participation in the program to be provided to the chief parole and probation
officer.

5. If a defendant
is ordered to complete the program of regimental discipline in lieu of causing
the sentence imposed to be executed upon the violation of a condition of
probation, a failure by the defendant satisfactorily to complete the program
constitutes a violation of that condition of probation and the director of the
department of prisons shall return the defendant to the court.

6. Time spent in
the program must be deducted from any sentence which may thereafter be imposed.

Sec. 5. NRS 176.145 is
hereby amended to read as follows:

176.145 The report of the presentence
investigation must contain:

1. Any prior criminal record of the
defendant;

2. Such information about his
characteristics, his financial condition, the circumstances affecting his
behavior and the circumstances of the offense as may be helpful in imposing
sentence, in granting probation or in the correctional treatment of the
defendant;

3. Information concerning the effect that
the crime committed by the defendant has had upon the victim, including but not
limited to any physical or psychological harm or financial loss suffered by the
victim, to the extent that such information is available from the victim or
other sources, but the provisions of this subsection do not require any
particular examination or testing of the victim, and the extent of any
investigation or examination is solely at the discretion
of the court or department and the extent of such information to be included in
the report is solely at the discretion of the department;

solely at the discretion of the court or department and the
extent of such information to be included in the report is solely at the
discretion of the department;

4. A recommendation of a definite term of
confinement or an amount of fine , or both; [and]

5. A
recommendation, if the department deems it appropriate, that the defendant
undergo a program of regimental discipline pursuant to section 4 of this act;
and

6. Such
other information as may be required by the court.

The department of parole and probation may include in the
report such information, without limitation, as it believes will be helpful in
imposing sentence, in granting probation or in correctional treatment.

Sec. 6. NRS 176.158 is
hereby amended to read as follows:

176.158 1. If a defendant
has:

(a) Been convicted of a felony for which he may
be sentenced to imprisonment; and

(b) Never been sentenced to imprisonment as an
adult for more than 6 months,

the court may, before sentencing the defendant [,]and in lieu of
ordering the defendant to complete a program of regimental discipline pursuant
to section 4 of this act, commit him to the custody of the director of
the department of prisons for not more than 120 days. The period of commitment
may be extended once for another period of 60 days at the request of the
department of prisons. During the time for which a defendant is committed to
the custody of the director, the director may assign the defendant to
appropriate programs of rehabilitation to facilitate the evaluation of the
defendant required under subsection 2.

2. The department of prisons shall
conduct a complete evaluation of the defendant during the time of commitment
under this section, and shall inquire into such matters as his previous
delinquency or criminal record, social background and capabilities, his mental,
emotional and physical health, and the resources and programs available to suit
his needs for rehabilitation.

3. The department of prisons shall return
the defendant to the court not later than the end of the period for which he
was committed under this section and provide the court with a report of the
results of its evaluation, including any recommendations which it believes will
be helpful to the court in determining the proper sentence.

4. Upon receiving the report and
recommendations, the court shall sentence the defendant to:

(a) An appropriate term of imprisonment the
duration of which must be computed from the date of commitment under subsection
1; or

(b) Probation, a condition of which must be that
the defendant serve a number of days in the state prison equal to or greater
than the number of days spent in confinement under subsection 1, including the
day of commitment.

Sec. 7. NRS 176.175 is
hereby amended to read as follows:

176.175 As used in NRS 176.175 to
176.245, inclusive [:], and section 4 of this act:

3. Parole and probation officer means
the chief parole and probation officer or an assistant parole and probation
officer appointed in accordance with the provisions of chapter 213 of NRS.

4. Residential confinement means the
confinement of a person convicted of a crime to his place of residence under
the terms and conditions established by the sentencing court.

Sec. 8. NRS 176.205 is
hereby amended to read as follows:

176.205 By order duly entered, the court
may impose, and may at any time modify, any conditions of probation or
suspension of sentence. The court shall cause a copy of any such order to be
delivered to the parole and probation officer and the probationer. A copy of the order must also be sent to the director of the
department of prisons if the probationer is under the supervision of the
director pursuant to section 4 of this act.

Sec. 9. NRS 176.221 is
hereby amended to read as follows:

176.221 If the probationer is arrested,
by or without warrant, in another judicial district of this state, the court
which granted the probation may assign the case to the district court of that
district, with the consent of that court. The court retaining or thus acquiring
jurisdiction shall cause the defendant to be brought before it, and may:

1. Continue or revoke the probation or
suspension of sentence;

2. Order the probationer to a term of
residential confinement pursuant to NRS 176.2231; [or]

3. Order the
probationer to undergo a program of regimental discipline pursuant to section 4
of this act; or

4. Cause
the sentence imposed to be executed.

Sec. 10. 1. There
is hereby appropriated from the state general fund to the state public works
board the sum of $155,000 for the payment of expenses related to the expansion
of the multi-purpose building at the Indian Springs Conservation Camp.

2. Any remaining balance of the
appropriation made by subsection 1 must not be committed for expenditure after
the expansion is completed and reverts to the state general fund as soon as all
payments of money committed have been made.

Sec. 11. 1. There
is hereby appropriated from the state general fund to the department of prisons
the sum of $358,244 to carry out the provisions of sections 1 to 9, inclusive,
of this act.

2. Any remaining balance of the
appropriation made by subsection 1 must not be committed for expenditure after
June 30, 1991, and reverts to the state general fund as soon as all payments of
money committed have been made.

Sec. 12. 1. This
section and section 10 of this act become effective on June 30, 1989.

2. Section 11 of this act becomes
effective on July 1, 1990.

3. Sections 1 to 9, inclusive, of this
act become effective on September 1, 1990.

________

κ1989
Statutes of Nevada, Page 1856κ

CHAPTER 781, AB 948

Assembly Bill No.
948Committee on Legislative Functions

CHAPTER 781

AN ACT relating to the legislature;
authorizing the inscription of Assemblywoman on the business cards and
official stationery of the female members of the assembly; revising the
inscription on the special license plates issued to assemblymen; and providing
other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 218.225 is
hereby amended to read as follows:

218.225 1. At each regular
session of the legislature, each [senator and
assemblyman]legislator is entitled
to receive at the expense of the legislative fund from the state printing and
micrographics division of the department of general services the following:

(b) Not to exceed 1,000 No. 10 envelopes and
1,000 No. 6 3/4 envelopes, or 2,000 or either variety; and

(c) Not to exceed 1,000 business cards and 1,000
memorandum sheets (500 each of the small and large type or 1,000 of either
type).

Selections must be made from samples submitted by the
superintendant of the state printing and micrographics division of the
department of general services and all printing must be done in the state
printing and micrographics division of the department of general services.

2. Each female
member of the assembly is entitled to have the word Assemblywoman precede the
inscription of her name on her official stationery and business cards.

3. All
orders for the printing specified in subsection 1 must be placed by legislators
with the director of the legislative counsel bureau, who shall approve those
claims which comply with the provisions of this section and shall pay [such]the
claims from the legislative fund in the same manner as other claims against the
state are paid.

[3.]4. A legislator may purchase from the
state printing and micrographics division of the department of general services
official stationery, cards and other material appropriate to his official
duties in excess of that specified in subsection 1 at his own expense.

Sec. 2. NRS 482.374 is
hereby amended to read as follows:

482.374 1. The department
shall furnish to each state senator and state assemblyman a special license
plate or plates showing on the face thereof, in the cast of the senators,
State Senator, together with the designated number showing the seniority of
the senator in the senate, and, in the case of the assemblymen, State
Assemblyman [,]  or State Assemblywoman, as appropriate, together with
the designated number showing the seniority of the assemblyman in the assembly.
If two or more legislators have the same seniority, the designated number given
to them [shall]must be determined according to the alphabetical order
of their last names, except that numbers drawn by lot by
legislators having the same seniority prior to January 1, 1971, [shall] must be
maintained in the same sequence.

drawn by lot by legislators having the same seniority prior
to January 1, 1971, [shall]must be maintained in the same sequence.

2. The department shall furnish to each
justice of the supreme court, in order of seniority, a special plate or plates
showing on the face thereof: Supreme Court Justice 1; Supreme Court Justice
2; Supreme Court Justice 3; Supreme Court Justice 4; and Supreme Court
Justice 5. If two or more justices have the same seniority, the designated
number given to them [shall]must be determined according to the alphabetical order
of their last names.

3. The department shall issue the
licenses and duplicate set of license plates described in [subsections 1 and 2]this section to the state legislators and justices of
the supreme court on payment of the license fees as authorized by law.

AN ACT making an appropriation to the
Nevada Humanities Committee for costs to maintain staff and offices in Reno and
Las Vegas; and providing other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the Nevada Humanities Committee the
sum of $10,000 for the costs of maintaining staff and offices in Reno and Las
Vegas.

Sec. 2. Any remaining
balance of the appropriation made by section 1 of this act must not be
committed for expenditure after June 30, 1991, and reverts to the state general
fund as soon as all payments of money committed have been made.

Sec. 3. This act becomes
effective June 30, 1989.

________

κ1989
Statutes of Nevada, Page 1858κ

CHAPTER 783, AB 45

Assembly Bill No.
45Committee on Ways and Means

CHAPTER 783

AN ACT relating to indigent persons;
increasing the rate of property tax levied for the support of indigent persons
by a county; authorizing a county to adopt an additional increase in the rate
of that tax; clarifying the provisions governing the county of residence of an
indigent person; revising the provisions governing the amount of money
allocated in the budget for medical assistance to indigent persons in larger
counties; and providing other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 428.020 is
hereby amended to read as follows:

428.020 [As
used in]

1. For the
purposes of NRS 428.010 to 428.110, inclusive, [residence
shall be taken to mean and shall be considered to mean the actual residence of
each of such persons, or the place where each such person was employed; or in
case such person was in no employment, then it shall be considered and held to
be the place where such person made his home or his headquarters.]the county of residence of a person is the county in
which he is presently residing if he has resided in that county for at least 6
consecutive weeks. If the person has not resided in the county in which he is
presently residing for at least 6 consecutive weeks, his county of residence is
the last county in Nevada in which he resided for at least 6 consecutive weeks.
If the person has not resided in a county in Nevada for at least 6 consecutive
weeks, he shall be deemed a nonresident.

2. As used in this
section, reside means to be physically present at a place for at least 4 days
out of each week with intent to dwell in that place permanently or
continuously.

Sec. 2. NRS 428.030 is
hereby amended to read as follows:

428.030 1. When any person
meets the uniform standards of eligibility established by the board of county
commissioners or by NRS 439B.310, if applicable, then he is entitled to receive
such relief as is in accordance with the policies and standards established and
approved by the board of county commissioners and within the limits of the
money which may be lawfully appropriated pursuant to NRS 428.050, 428.285 and
450.425 for this purpose.

2. The board of county commissioners of the county of residence of indigent inpatients shall
pay hospitals for the costs of treating those
indigent inpatients [who reside in the county]and any nonresident indigent inpatients who fall sick in
the county an amount which is not less than 85 percent of the payment
required for providing the same treatment to patients pursuant to the state
plan for assistance to the medically indigent, within the limits of money which
may be lawfully appropriated pursuant to NRS 428.050, 428.285 and 450.425 for
this purpose.

3. The board of county commissioners may:

(a) Make contracts for the necessary maintenance
of [poor]indigent
persons;

(b) Appoint such agents as the board deems
necessary to oversee and provide the necessary maintenance of [poor]indigent
persons;

(c) Authorize the payment of cash grants
directly to [poor]indigent persons for their necessary maintenance; or

(d) Provide for the necessary maintenance of [poor]indigent
persons by the exercise of the combination of one or more of the powers
specified in paragraphs (a), (b) and (c).

Sec. 3. NRS 428.040 is
hereby amended to read as follows:

428.040 When an application is made by [any pauper]an
indigent person to the board of county commissioners of any county for
relief, the board of county commissioners shall require [of
the pauper a statement that he is or intends to become a resident of that
county.]the indigent person to provide
the information necessary to determine his county of residence or nonresident
status.

Sec. 4. NRS 428.060 is
hereby amended to read as follows:

428.060 1. If it appears to
the satisfaction of the board of county commissioners that [a pauper]the
county of residence of an indigent person applying for relief [has not established his residence and came to the
county for some other purpose, but before coming to the county was a resident
of some other county of this state,]is
another county in this state, the board shall provide temporary relief
for the [pauper]indigent person in accordance with the policies and
standards established and approved by the board of county commissioners and
within the limits of money which may be lawfully appropriated thereby for this
purpose pursuant to NRS 428.050, 428.285 and 450.425, and shall notify
immediately the board of county commissioners of the county [where the pauper last had a residence.]of residence of the indigent person.

2. The notice must be in writing, [duly] attested by the clerk of the board
of county commissioners, and deposited in the post office, addressed to the
board of county commissioners of the other county.

3. The board of county commissioners
receiving the notice may cause the [pauper]indigent person to be removed immediately to that
county, and shall pay a reasonable compensation for the temporary relief
afforded. If the board of county commissioners chooses not to remove the [pauper,]indigent
person, the county affording relief has a legal claim against any money
lawfully available in that county for the relief necessarily furnished, and may
recover it in a suit at law.

Sec. 5. NRS 428.080 is
hereby amended to read as follows:

428.080 Notwithstanding any other
provision of law, the board of county commissioners [of
each of the several counties is authorized to] may make budgetary provision for the transportation of an indigent
person who is a nonresident [indigents
from their respective counties to the residence of such indigents. When funds
are]or whose county of residence is
another county, to the state or county of residence of the indigent person. If
money is so budgeted, the board of county commissioners is authorized to
direct their expenditure for [such purposes.]that purpose.

Sec. 6. NRS 428.110 is
hereby amended to read as follows:

428.110 1. [Every person, firm or corporation, or the officers,
agents, servants or employees of any person, firm or corporation, bringing into
or leaving within, or aiding in the bringing into
or the leaving within, any county in the State of Nevada any pauper or poor or
indigent or incapacitated or incompetent person mentioned in NRS 428.010, in
which county such person is not lawfully settled or not lawfully residing as
defined in NRS 428.020, knowing him to be such pauper or poor or indigent or
incapacitated or incompetent person,] Any person who brings into or leaves
within, or aids another person in bringing into or leaving within any county,
an indigent person who is a nonresident or whose county of residence is another
county, knowingly and for the purpose of imposing [such] the indigent person as
a public charge on the county to which [such person shall be taken, shall be]
the person is brought or left is guilty of a misdemeanor.

leaving within, or aiding in the
bringing into or the leaving within, any county in the State of Nevada any
pauper or poor or indigent or incapacitated or incompetent person mentioned in
NRS 428.010, in which county such person is not lawfully settled or not
lawfully residing as defined in NRS 428.020, knowing him to be such pauper or
poor or indigent or incapacitated or incompetent person,]Any person who brings into or leaves within, or aids another
person in bringing into or leaving within any county, an indigent person who is
a nonresident or whose county of residence is another county, knowingly
and for the purpose of imposing [such]the indigent person as a public charge on the
county to which [such person shall be taken,
shall be]the person is brought or left is
guilty of a misdemeanor.

2. [If any
person shall bring and leave any pauper in any county in this state, wherein such
pauper is not lawfully settled, knowing him to be a pauper, he]Any person who brings into or leaves within any county, an
indigent person who is a nonresident or whose county of residence is another
county, knowing him to be an indigent person, shall forfeit and pay the
sum of $100 for [every such]each offense, to be sued for and recovered by and to
the use of [such]the county in a civil action before any court [having jurisdiction of the same.]of competent jurisdiction.

Sec. 7. NRS 428.185 is
hereby amended to read as follows:

428.185 1. [For the fiscal year beginning on July 1, 1983, the
board of county commissioners of each county shall levy an ad valorem tax of
three-quarters of one cent on each $100 of assessed valuation upon all taxable
property in the county.

2. For the fiscal
years beginning on and after July 1, 1984, the]The board of county commissioners of each county shall
levy an ad valorem tax at a rate which must be calculated by:

(a) First multiplying the tax rate [established in subsection 1]of 1.5 cents on each $100 of assessed valuation by the
assessed valuation of all taxable property in this state, including new real
property, possessory interests and mobile homes, during the next fiscal year.

(b) Then subtracting the amount of unencumbered
money in the fund on May 1 of the current fiscal year.

(c) Then setting the rate so that the revenue
from the tax does not exceed the amount resulting from the calculations made in
paragraphs (a) and (b).

[3.]2. The tax so levied, and its proceeds,
must be excluded in computing the maximum amount of money which the county is
permitted to receive from taxes ad valorem and the highest permissible rate of
such taxes.

[4.]3. The proceeds of this tax must be remitted
in the manner provided for in NRS 361.745 to the state treasurer for credit to
the fund for hospital care to indigent persons.

Sec. 8. NRS 428.285 is
hereby amended to read as follows:

428.285 1. The board of county commissioners of each county shall
establish a tax rate of at least 6 cents on each $100 of assessed valuation for
the purposes of the tax imposed pursuant to subsection 2. A board of county
commissioners may increase the rate to not more than 10 cents on each $100 of
assessed valuation.

2. In
addition to the [levy]levies provided in NRS 428.050 [,
for the fiscal year beginning July 1, 1985, the board of county commissioners
of each county shall levy a tax ad valorem of 3
cents on each $100 of assessed valuation upon all taxable property in the
county.

county shall levy a tax ad valorem of
3 cents on each $100 of assessed valuation upon all taxable property in the
county.

2. For each fiscal
year thereafter,]and 428.185, the
board of county commissioners shall levy a tax ad valorem at a rate necessary
to produce revenue in an amount equal to an amount calculated by multiplying
the assessed valuation of all taxable property in the county by the tax rate [prescribed in]established
pursuant to subsection 1, and subtracting from the product the amount of
unencumbered money remaining in the fund on May 1 of the current fiscal year.

3. For each fiscal year beginning on or
after July 1, [1985,]1989, the board of county commissioners of each county
shall [, before the end of the fiscal year,]
remit to the state treasurer from the money in the fund an amount of money
equivalent to [three-tenths of one]1 cent on each $100 of assessed valuation of all
taxable property in the county for credit to the supplemental fund.

4. The tax so levied, and its proceeds
must be excluded in computing the maximum amount of money which the county is
permitted to receive from taxes ad valorem and the highest permissible rate of
such taxes.

Sec. 9. NRS 428.295 is
hereby amended to read as follows:

428.295 1. For each fiscal
year the board of county commissioners shall, in the preparation of its final
budget, allocate money for medical assistance to indigents pursuant to this
chapter. [The]

2. In a county
whose population is less than 400,000, the amount allocated must be
calculated by multiplying the amount allocated for that purpose for the
previous fiscal year by 104.5 percent.

[2.]3. When, during any fiscal year, the
amount of money expended by the county for any program of medical assistance
for those persons eligible pursuant to this chapter exceeds the amount
allocated for that purpose in its budget, the board of county commissioners
shall, to the extent that money is available in the fund, pay claims against
the county from the fund for that purpose.

Sec. 10. NRS 428.305 is
hereby amended to read as follows:

428.305 1. The supplemental
fund for medical assistance to indigent persons is created as a trust fund. Any
money recovered pursuant to NRS 428.345 and the interest earned on the money in
the supplemental fund must be deposited for credit to the supplemental fund.

2. If the balance in the supplemental
fund exceeds [$1,000,000]$2,000,000 on May 1, the excess must be credited pro
rata against the amounts due from the respective counties.

Sec. 11. NRS 439B.330 is
hereby amended to read as follows:

439B.330 1. Except as
otherwise provided in NRS 439B.300 and subsection 2 of this section, each
county shall use the definition of indigent in NRS 439B.310 to determine a
persons eligibility for medical assistance pursuant to chapter 428 of NRS,
other than assistance provided pursuant to NRS 428.115 to 428.255, inclusive.

2. A board of county commissioners may,
if it determines that a hospital within the county is serving a
disproportionately large share of low-income patients:

(a) Pay a higher rate to the hospital for
treatment of indigent inpatients;

(b) Pay the hospital for treatment of indigent
inpatients whom the hospital would otherwise be required to treat without
receiving compensation from the county; or

(c) Both pay at a higher rate and pay for
inpatients for whom the hospital would otherwise be uncompensated.

3. Each hospital which treats an indigent
inpatient shall submit to the board of county commissioners of the county [in which the patient resides]of residence of the patient a discharge form
identifying the patient as a possible indigent and containing the information
required by the department and the county to be included in all such forms.

4. The county which receives a discharge
form from a hospital for an indigent patient shall verify the status of the
patient and the amount which the hospital is entitled to receive.

5. Except as otherwise provided in
subsection 2 of this section and subsection 3 of NRS 439B.320, if the [patient is a resident of the county and]county is the county of residence of the patient and the
patient is indigent, the county shall pay to the hospital the amount
required, within the limits of money which may lawfully be appropriated for
this purpose pursuant to NRS 428.050, 428.285 and 450.425.

6. For the
purposes of this section, the county of residence of the patient must be
determined pursuant to NRS 428.020.

Section 1. 1. For
any coverage for a policy of motor vehicle liability insurance issued or
renewed on or after October 1, 1989, every insurer shall reduce its charges for
motor vehicle liability insurance to levels which are at least 15 percent less
than the charges for the same coverage which were in effect on July 1, 1988.
For those persons who apply for a policy of motor vehicle liability insurance
for the first time on or after October 1, 1989, the rate must be 15 percent
less than the rate which was in effect on July 1, 1988, for similarly situated
risks.

2. Between October 1, 1989, and October
1, 1990, rates and premiums reduced pursuant to this subsection may only be
increased if the commissioner of insurance finds, after a hearing, that an
insurer is substantially threatened with insolvency. The commissioner of
insurance shall consider the profitability of all lines
of insurance transacted by an insurer licensed to do business in this state in
determining whether the insurer is substantially threatened with insolvency.

profitability of all lines of insurance transacted by an
insurer licensed to do business in this state in determining whether the
insurer is substantially threatened with insolvency. For the purposes of this
subsection, insolvency means the financial condition wherein the sum of the
insurers debts is greater than all of the insurers property, at fair
valuation.

3. Any separate affiliate of an insurer,
established on or after October 1, 1989, is subject to the provisions of this
section and shall reduce its charges to levels which are at least 15 percent
less than the insurers charges in effect on July 1, 1988.

4. Notwithstanding any previous notice of
cancellation or renewal, any insurer that has issued a policy of motor vehicle
liability insurance in this state that is in effect on October 1, 1989, and has
a scheduled date for termination before October 1, 1990, shall not cancel that
policy before October 1, 1990, or refuse to renew or extend that policy through
September 30, 1990, for the purpose of avoiding the limit on rates required by
this section.

5. Any insurer who cancels or fails to
renew policies of motor vehicle liability insurance at a rate that exceeds his
average monthly rate of cancellation or failure to renew, respectively, for the
preceding 24 months by more than 10 percent during any 30-day period between
October 1, 1989, and October 1, 1990, is required to show cause immediately to
the commissioner why he is not in violation of this section. Any violation of
this section is a violation of the Nevada Insurance Code. If the commissioner determines
that the reason for the increase in the rate of cancellation of or failure to
renew policies is an attempt to circumvent the reductions in rates, he may take
appropriate disciplinary action.

6. For the purposes of this section,
insurer has the meaning ascribed to it in NRS 679A.100.

AN ACT relating to natural resources;
directing the submission to a vote of the people of a proposal to issue state
general obligation bonds for the acquisition of property and water rights to
protect and preserve the natural resources of the state; providing for the use
of the proceeds if the issue is approved; authorizing the state board of examiners
to use money from certain previously authorized general obligation bonds for
the purchase of water rights and land; and providing other matters properly
relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. At the general
election to be held in the State of Nevada in 1990, there shall be submitted to
the voters of the state, in the manner prescribed by chapter 349 of NRS, a
proposal to issue general obligation bonds of the state for the purposes of
protecting, preserving and obtaining the benefits of natural resources in an
amount of not more than $47,200,000. If the proposal is carried, the bonds may
be issued at one time or from time to time.

Sec. 2. Of the total bond
issue:

1. An amount of $34,200,000 must be allocated
to the division of state parks of the state department of conservation and
natural resources for the following purposes:

(a) An amount of $7,000,000 for the acquisition
of real or personal property or interests in real or personal property.

(b) An amount of $8,600,000 for the development
of state park facilities.

(c) An amount of $300,000 for the preparation of
plans to determine the feasibility of developing state parks, land for state
parks and a means of transportation to state parks.

(d) An amount of $13,300,000 to be allocated to
Clark County to develop a county regional wetlands park at the Las Vegas Wash.
The money must be used to:

(1) Divert water, control erosion and
make improvements to restore the existing wetlands;

(2) Acquire and develop land and water
rights;

(3) Provide recreational facilities; and

(4) Provide parking and access to the
park.

(e) An amount of $5,000,000 to be allocated to
Washoe County to develop county regional parks. The money must be used to:

(1) Divert water and control erosion;

(2) Acquire and develop land and water
rights;

(3) Provide recreational facilities; and

(4) Provide parking and access to the
parks.

2. An amount of $13,000,000 must be
allocated to the department of wildlife for the following purposes:

(a) An amount of $6,000,000 for the acquisition
of fish, game, nongame or protected wildlife habitats and public access to the
habitats by the acquisition of real or personal property or interests in real
or personal property, or for the identification, inventory and protection of
sensitive species and ecosystems, or any combination thereof.

(b) An amount of $2,000,000 for the development
of facilities or the improvement of existing fish and wildlife habitats.

(c) An amount of $5,000,000 for the purchase or
lease of water rights and associated interests in land or property for the
protection of habitats of fish and game.

Sec. 3. 1. If,
on the application of the administrator of the division of state parks of the
state department of conservation and natural resources or the director of the
department of wildlife, the interim finance committee finds that specified real
or personal property, interests in real or personal property, other
expenditures authorized by sections 1 to 5, inclusive, of this act, or a
combination thereof, ought to be acquired or funded for any one of the purposes
recited in section 2 of this act, it may direct:

(a) The state board of examiners to issue a
sufficient amount of the bonds authorized pursuant to sections 1 and 2 of this
act;

(b) The administrator of the division of state
lands to acquire the property from the proceeds of the bonds; and

(c) The administrator of the division of state
parks of the state department of conservation and natural resources or the
director of the department of wildlife to develop the property from the
proceeds of the bonds or make such other expenditures as are authorized by sections
1 to 5, inclusive, of this act.

2. Neither the administrator of the
division of state parks of the state department of conservation and natural
resources nor the director of the department of wildlife may expend more than
the amount authorized for the acquisition and development of real or personal
property, interests in real or personal property or a combination thereof,
pursuant to sections 1 and 2 of this act, unless he has obtained prior approval
from the interim finance committee.

3. Any real or personal property,
interest in any real or personal property, or any combination thereof, may be
acquired pursuant to the provisions of sections 1 to 5, inclusive, of this act
only from willing sellers, and the acquisition of that property or interest
must not have a negative impact on the distribution of water to other persons
who hold valid water right claims.

4. Before any real property is acquired
for the purposes of subsection 2 of section 2 of this act, except water rights,
the department of wildlife shall make a good faith effort to acquire an
easement for conservation pursuant to NRS 111.390 to 111.440, inclusive. The
department shall keep a written record of all unsuccessful attempted
acquisitions of such easements and report those records to the interim finance
committee.

Sec. 4. The legislature
finds and declares that the issuance of bonds pursuant to sections 1 to 5,
inclusive, of this act is necessary for the protection and preservation of the
property and the natural resources of this state and for the purpose of obtaining
the benefits thereof, and that the issuance constitutes an exercise of authority
conferred by the second paragraph of section 3 of article 9 of the constitution
of the State of Nevada.

Sec. 5. The provisions of
the State Securities Law, contained in chapter 349 of NRS, apply to the
issuance of the bonds and the acquisition of property under sections 1 to 5,
inclusive, of this act.

Sec. 6. Chapter 478, Statutes of
Nevada 1983, at page 1269, is hereby amended by adding thereto a new
section to be designated as sec. 2.5, immediately following sec. 2, to read as
follows:

Sec. 2.5. If
the governor finds and declares that the agreement or agreements concerning the
settlement of disputes related to the Truckee River and the Carson River which
provide the basis for undertaking any project described in section 1 of this
act cannot be carried out, the director of the state department of conservation
and natural resources, with the cooperation of the director of the department
of wildlife, may develop a plan to carry out any project described in section 1
of this act. Upon the approval of the plan by the governor, the state board of
examiners shall, on behalf of the State of Nevada, issue general obligation
bonds of the State of Nevada to carry out the plan, but not more than
$8,000,000 in face amount. The bonds may be issued at one time or from time to
time.

Section 1. The
director of the state department of conservation and natural resources shall
participate, on behalf of the state, in negotiations with agencies of the
Federal Government and other appropriate agencies or organizations concerning
projects to conserve , distribute and allocate
water associated with the Truckee River , the Carson
River, the Lahontan Valley Wetlands and the Newlands Federal Reclamation
Project .[, and
the]The projects may include projects for
the purchase or lease of water rights, land or interests in land and any water
rights appurtenant thereto, or projects to mitigate losses to natural
resources. The governor, on behalf of the State of Nevada, may enter
into an agreement [which defines]or agreements which define the rights, powers, duties
and obligations of the state, the Federal Government and any other appropriate
agency or organization with respect to those projects, but the states share of
the costs associated with those projects must not exceed $8,000,000 [.], and
providing that not more than $4,000,000 of that amount may be used for the
purchase or lease of water rights or interests in land and any water rights
appurtenant thereto.

Sec. 2. After
any of the [agreement]agreements described in section 1 of this act [has]have
been entered into, the state board of examiners shall issue general obligation
bonds of the State of Nevada to provide the money necessary to pay the states
share of costs associated with projects authorized
pursuant to section 1 of this act for the conservation , distribution and acquisition of water associated with
the Truckee River , the Carson River, the Lahontan
Valley Wetlands and the Newlands Federal Reclamation Project, but not
more than $8,000,000 in face amount.

$8,000,000 in face amount. The
bonds may be issued at one time or from time to time.

________

CHAPTER 786, SB 348

Senate Bill No. 348Senators ODonnell and Townsend

CHAPTER 786

AN ACT relating to mobile home parks; requiring
master meters for water service to newly constructed parks; prohibiting a
landlord from directly charging tenants for costs related to providing utility
services to the common areas of the park if the costs can be identified; authorizing
a landlord to use service charges for certain utilities collected from tenants
for the payment of related taxes and preventative maintenance; and providing
other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 704 of NRS
is hereby amended by adding thereto a new section to read as follows:

As used in NRS 704.910 to
704.960, inclusive, utility includes a public utility and all city, county or
other governmental entities which provide electric, gas or water service to a
mobile home park.

Sec. 2. NRS 704.910 is
hereby amended to read as follows:

704.910 1. The provisions of
NRS 704.910 to 704.960, inclusive, apply to mobile home parks governed by the
provisions of chapters 118B and 461A of NRS, [public
and municipal] utilities which provide service to those parks and
landlords who operate those parks.

2. A utility which provides gas, water or
electricity to any landlord exclusively for distribution or resale to tenants
residing in mobile homes or for the landlords residential use shall not charge
the landlord for those services at a rate higher than the current rates offered
by the utility to its residential customers.

Sec. 3. NRS 704.920 is
hereby amended to read as follows:

704.920 1. The commission
shall require a public utility which provides service to a mobile home park or
an independent person who is qualified to conduct examinations to examine the
test the lines and equipment for distributing electricity and gas within the
park at the request of the manufactured housing division of the department of
commerce or a city or county which has responsibility for the enforcement of
the provisions of chapter 461A of NRS. The [serving]
utility, the person selected to conduct the examination and the commission may
enter a mobile home park at reasonable times to examine and test the lines and
equipment, whether or not they are owned by a [public]
utility.

2. The [serving]
utility or the person selected to conduct the examination shall conduct the
examination and testing to determine whether any line or equipment is unsafe
for service under the safety standards adopted by the commission for the
maintenance, use and operation of lines and equipment for
distributing electricity and gas, and shall report the results of the
examination and testing to the commission.

for distributing electricity and gas, and shall report the
results of the examination and testing to the commission.

3. The owner of the mobile home park
shall pay for the costs of the examination and testing.

4. If the landlord of a mobile home park
refuses to allow the examination and testing to be made as provided in this
section, the commission shall deem the unexamined lines and equipment to be
unsafe for service.

5. If the commission finds:

(a) Or deems any lines or equipment within a
mobile home park to be unsafe for service, it shall take appropriate action to
protect the safety of the residents of the park.

(b) Such lines or equipment to be unsafe for
service or otherwise not in compliance with its safety standards, it may, after
a hearing, order the landlord to repair or replace such lines and equipment.
For this purpose the landlord may expend some or all of the money in his
account for service charges for utilities, which he is required to keep under
NRS 704.940.

Sec. 4. NRS 704.930 is
hereby amended to read as follows:

704.930 If a [public
utility regulated by the commission]utility
furnishes service to a mobile home park and the landlord of the park charges
his tenants for that service, he shall:

1. Provide that service to his tenants in
a manner which is consistent with the utilitys tariffs on file with the
commission [.

2. Whenever]and any law, ordinance or governmental regulation
relating to the provision of those services.

2. Not more than 5
days after he receives notice of a proposed increase in the utilitys
rates, [he shall, not more than 5 days after his
receipt of the notice,] give notice to his tenants of the
proposed increase.

Sec. 5. NRS 704.940 is
hereby amended to read as follows:

704.940 1. In a mobile home
park where the landlord is billed by a [serving]gas or electric utility and in turn charges the
tenants for the service provided by the utility, and the park:

(a) Is equipped with individual meters for each
lot, the landlord shall not charge a tenant for that service at a rate higher
than the rate paid by the landlord.

(b) Is not equipped with individual meters for
each lot, the landlord shall prorate the cost of the service equally among the
tenants of the park who use the service, but the prorated charges must not
exceed in the aggregate the cost of the service to the landlord.

2. In a mobile
home park where the landlord is billed by a water utility and in turn charges
the tenants for the service provided by the utility, and the park:

(a) Is equipped with
individual meters for each lot, the landlord shall not charge a tenant for that
service at a rate higher than the rate paid by the landlord.

(b) Is not equipped with
individual meters for each lot:

(1) The landlord
shall not convert from the master-metered system to individual meters; and

(2) The landlord
shall prorate the cost of the service equally among the tenants of the park who
use the service, but the prorated charges must not exceed in the aggregate the
cost of the service to the landlord.

3. To the extent
the cost of providing service to the common area of a mobile home park can be
identified, the landlord may not recover the cost of service provided by the
utility to the common area of the mobile home park by directly charging the
tenant for those services.

4. The landlord
may assess and collect a charge to reimburse him for the actual cost of the
service charge he is required to pay to a water utility serving the park. If he
collects such a charge, he shall prorate the actual cost of the service charge
to the tenants who use the service. He shall not collect more than the
aggregate cost of the service to him. The landlord may assess and collect
a service charge for gas and electric utilities
from the tenants of the park, but the amount of the charge must not be more
than the tenants would be required to pay the serving utility. The landlord
shall:

(a) Keep the money from the service charges in a
separate account and expend it only for federal income
taxes which must be paid as a result of the collection of the service charge,
for preventative maintenance of for repairing or replacing utility lines
or equipment when ordered or granted permission to do so by the commission; and

(b) Retain for at least 3 years a complete
record of all deposits and withdrawals of money from the account and file the
record with the commission on or before [January
15]March 30 of each year.

[3.]5. Money collected by the landlord for service
provided by a utility to the tenants of a mobile home park may not be used to
maintain, repair or replace utility lines or equipment serving the common area
of the mobile home park.

6. The
landlord shall itemize all charges for utilities on all bills for rent. He may
pass through to the tenant any increase in a rate for a utility and shall pass
through any decrease in a charge for a utility as it becomes effective.

[4.]7. The landlord shall retain for at least
3 years a copy of all billings for utilities made to his tenants and shall make
these records available upon request to the commission for verification of
charges made to tenants for utilities.

[5.]8. A landlord whose interest in a mobile
home park terminates for any reason shall transfer to his successor in interest
any balance remaining in the account for service charges for utilities.
Evidence of the transfer must be filed with the commission.

[6.]9. The commission may at any time examine
all books and records which relate to the landlords purchase of or billing for
a service provided by a utility if he is charging the tenants of the mobile
home park for that service.

Sec. 6. NRS 461A.230 is
hereby amended to read as follows:

461A.230 1. Each
mobile home park constructed after July 1, 1981, but
before October 1, 1989, must provide direct electrical and gas service
from the utility to each lot if those services are available.

2. Each mobile
home park constructed after October 1, 1989, must provide direct:

(a) Electrical and gas
service from a public utility or a city, county or other governmental entity
which provides electrical or gas service, to each lot if those services are
available.

(b) Water service from a
public utility or a city, county or other governmental entity which provides
water service, the provisions of NRS 704.230 notwithstanding, to the park if
that service is available. The water service must be connected to a master
meter and not to individual meters for each lot.

AN ACT relating to animals; increasing the
penalty for instigating fights between birds or animals; increasing the penalty
for instigating fights between dogs; and providing other matters properly
relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 574.070 is
hereby amended to read as follows:

574.070 [A]1. Except as otherwise provided in this
section, a person who sets on foot, instigates, promotes or carries on,
or does any act as assistant, umpire or principal, [or
is a witness of,] or in any way aids in or engages in the
furtherance of any fight between cocks or other birds, or bulls, bears or other
animals [,]in
an exhibition or for amusement or gain, premeditated by any person
owning or having custody of such birds or animals, is guilty of a gross misdemeanor, but if any dog is used in such a
fight the person [is guilty of a gross misdemeanor.]shall be punished by imprisonment in the state prison
for not less than 1 year nor more than 6 years, and may be further punished by
a fine of not more than $5,000. If a person who violates this section is not a
natural person, he shall be punished by a fine of not more than $10,000.

2. Any person who
is a witness of any fight between cocks or other birds, or bulls, bears or
other animals in an exhibition or for amusement or gain, premeditated by any
person having custody of such birds or animals, is guilty of a misdemeanor.

3. This section
does not prohibit the use of dogs or birds for:

(a) The management of
livestock by the owner thereof, his employees or agents or any other person in
the lawful custody of the livestock; or

(b) Hunting as permitted
by law.

________

κ1989
Statutes of Nevada, Page 1871κ

CHAPTER 788, AB 2

Assembly Bill No.
2Assemblyman Sader

CHAPTER 788

AN ACT relating to elections; repealing
the prospective expiration of the statutory provisions authorizing a person to
register to vote when he applies for a drivers license or identification card
or to register a motor vehicle; making an appropriation; and providing other
matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Section 6 of Assembly
Bill No. 418 of this session is hereby amended to read as follows:

Sec. 6. NRS
482.215is hereby amended to read as follows:

482.215 1. All
applications for registration, except applications for renewal of registration [,]and
applications for registration of vehicles of border state employees pursuant to
section 3 of this act, must be made as provided in this section.

2. Applications
for all registrations, except renewals of registration, must be made in person,
if practicable, to any office or agent of the department.

3. Each
application must be made upon the appropriate form furnished by the department
and contain:

(a) The signature of
the owner.

(b) His residential
address.

(c) His declaration of
the county where he intends the vehicle to be based, unless the vehicle is
deemed to have no base. The department shall use this declaration to determine
the county to which the privilege tax is to be paid.

(d) A brief
description of the vehicle to be registered, including the name of the maker,
the engine, identification or serial number, whether new or used, and the last
license number, if known, and the state in which issued, and upon the
registration of a new vehicle, the date of sale by the manufacturer or
franchised and licensed dealer in this state for the make to be registered to
the person first purchasing or operating the vehicle.

(e) Proof satisfactory
to the department that the applicant has provided the security required by NRS
485.185 and his signed declaration that he will maintain the security during
the period of registration.

(f) If the security is
provided by a contract of insurance, [the insurer
shall provide] evidence of that insurance provided
by the insurer on a form approved by the commissioner of insurance,
which identifies the vehicle and indicates, at the time of application for
registration, coverage which meets the requirements of NRS 485.185. The
department may file that evidence, return it to the applicant or otherwise
dispose of it.

(g) If required,
evidence of the applicants compliance with controls over emission.

4. The
application must contain such other information as may be required by the
department, and must be accompanied by proof of ownership satisfactory to the
department.

5. For purposes
of the proof, declaration and evidence required by paragraphs (e) and (f) of
subsection 3:

(a) Vehicles which are
subject to the fee for a license and the requirements of registration of the
Interstate Highway User Fee Apportionment Act, and which are based in this
state, may be declared as a fleet by the registered owner thereof, on his
original application for or application for renewal of a proportional
registration. The owner may file a single certificate of insurance covering
that fleet.

(b) Other fleets
composed of 10 or more vehicles based in this state or vehicles insured under a
blanket policy which does not identify individual vehicles may each be declared
annually as a fleet by the registered owner thereof for the purposes of an
application for his original or any renewed registration. The owner may file a
single certificate of insurance covering that fleet.

(c) A person who
qualifies as a self-insurer pursuant to NRS 485.380 may file a copy of his
certificate of self-insurance.

(d) A person who
qualifies for an operators policy of liability insurance pursuant to NRS
485.186 and 485.3091 may file evidence of that insurance.

6. At the time
of applying for registration of a vehicle, an applicant may, if eligible,
register to vote pursuant to NRS 293.524.

Sec. 2. Section 2 of Assembly
Bill No. 520 of this session is hereby amended to read as follows:

Sec. 2. NRS
482.280is hereby amended to read as follows:

482.280 1. The
registration of every vehicle expires at midnight on the day specified on the
receipt of registration [.], unless the day specified falls on a Saturday, Sunday or
legal holiday. If the day specified on the receipt of registration is a
Saturday, Sunday or legal holiday, the registration of the vehicle expires at midnight
on the next judicial day. The department shall mail to each holder of a
valid certificate of registration an application for renewal of registration
for the following period of registration. The applications must be mailed by
the department in sufficient time to allow all applicants to mail the
applications to the department and to receive new certificates of registration
and license plates, stickers, tabs or other suitable devices by mail before the
expiration of their registrations. An applicant may present the application to
any agent or office of the department.

2. An
application mailed or presented to the department or to a county assessor under
the provisions of this section must include:

(a) A signed
declaration by the applicant that he has and will maintain, during the period
of registration, security as required by NRS 485.185. Security may be provided
by an operators policy of liability insurance if the applicant and the policy
meet the requirements of NRS 485.186 and 485.3091.

(b) If required,
evidence of compliance with standards for control of emissions.

3. The
department shall insert in each application mailed pursuant to subsection 1 the
amount of privilege tax to be collected for the county under the provisions of
NRS 482.260.

4. An owner who
has made proper application for renewal of registration before the expiration
of the current registration but who has not received the license plate or
plates or card of registration for the ensuing period of registration is
entitled to operate or permit the operation of that vehicle upon the highways
upon displaying thereon the license plate or plates issued for the preceding
period of registration for such a time as may be prescribed by the department
as it may find necessary for the issuance of the new plate or plates or card of
registration.

5. At the time
of applying for renewal of registration of a vehicle, an applicant may, if
eligible, register to vote pursuant to NRS 293.524.

Sec. 3. Section 2 of Assembly
Bill No. 58 of this session is hereby amended to read as follows:

Sec. 2. NRS
483.290is hereby amended to read as follows:

483.290 1. Every
application for an instruction permit or for a drivers license must:

(a) Be made upon a
form furnished by the department.

(b) Be verified by the
applicant before a person authorized to administer oaths. Officers and
employees of the department are hereby authorized to administer such oaths
without charge.

(c) Be accompanied by
the required fee.

(d) State the full
name, date of birth, sex, and residence address of the applicant and briefly describe
the applicant.

(e) State whether the
applicant has theretofore been licensed as a driver, and, if so, when and by
what state or country, and whether any such license has ever been suspended or
revoked, or whether an application has ever been refused, and, if so, the date
of and reason for the suspension, revocation or refusal.

(f) Include such other
information as the department may require to determine the applicants
competency and eligibility.

2. Every
applicant shall furnish proof of his age by displaying:

(a) If the applicant
was born in the United States, a birth certificate, baptismal certificate or
other proof acceptable to the department, including, but not limited to, a
drivers license issued by another state or the District of Columbia; or

(b) If the applicant
was born outside the United States, a Certificate of Citizenship, Certificate
of Naturalization, Arrival-Departure Record, Alien Registration Receipt Card,
United States Citizen Identification Card or Letter of Authorization issued by
the Immigration and Naturalization Service of the United States Department of
Justice, a Report of Birth Abroad of a United States Citizen Child issued by
the Department of State, a drivers license issued by another state of the
District of Columbia, or a passport.

3. At the time
of applying for a drivers license, an applicant may, if eligible, register to
vote pursuant to NRS 293.524.

4. Every
applicant who has been assigned a social security number shall furnish proof of
his social security number by displaying:

Sec. 5. 1. There
is hereby appropriated from the state general fund to the department of motor
vehicles and public safety for costs related to the registration of voters:

For the fiscal year 1989-90 .............................................................................. $16,900

For the fiscal year 1990-91 .............................................................................. $16,900

2. Any balance of the sums appropriated
by subsection 1 remaining at the end of the respective fiscal years must not be
committed for expenditure after June 30 and reverts to the state general fund
as soon as all payments of money committed have been made.

Sec. 6. 1. This
section and sections 1 to 4, inclusive, of this act become effective on June
30, 1989.

2. Section 5 of this act becomes
effective July 1, 1989.

________

CHAPTER 789, AB 752

Assembly Bill No.
752Assemblyman Carpenter

CHAPTER 789

AN ACT relating to education; authorizing
the creation of a general improvement district for the provision of facilities
for public schools; allowing a school district to transfer its tax rate and
indebtedness relating to facilities for schools to such a general improvement district;
and providing other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. The legislature
finds and declares that:

1. A portion of the funding for the
construction of schools within a school district comes from the property taxes
collected on the property of businesses as well as residences.

2. When a business is located in a remote
area of the state where few services are provided, the employees of the
business who have families are likely to live in the nearest city, whether or
not that city is located in the same county as the business.

3. If the business is located in one
county and the employees live in another county, the business is not taxed for
its fair share of the costs associated with educating the children of its
employees, including the costs of constructing adequate school buildings to
accommodate all of the children of the employees of the business.

Sec. 1.5. Chapter 318 of NRS
is hereby amended by adding thereto the provisions set forth sections 2 to 8,
inclusive, of this act.

Sec. 2. A district created wholly or in part to furnish facilities for
public schools may include territory within two counties only if:

1. The board of
county commissioners of the county in which is located the least amount of
territory adopts a resolution agreeing to the creation of the district; and

2. The combined
population of the two counties does not exceed 33,000 at the time the district
is created, if territory from both counties is included in the district at that
time, or at the time the territory of the second county is included in the
district.

Sec. 3. 1. The board of trustees of a district created
wholly or in part to furnish facilities for public schools must consist of:

(a) Three members of the
board of county commissioners which created the district, appointed by that
board of county commissioners;

(b) Three members of the
board of trustees of the school district whose territory is included within the
district, appointed by the board of trustees of that school district. If the
district to furnish facilities for public schools includes territory of more
than one school district, all three members appointed pursuant to this
paragraph must be members of the board of trustees of the school district that
has the most territory included in the district to furnish facilities for
public schools; and

(c) If the district to
furnish facilities for public schools includes territory of more than one
county, one member of the board of county commissioners of the county with the
least amount of territory included in the district, appointed by the board of
county commissioners of that county.

2. The terms of
office of the board of trustees must be 3 years.

3. A member who
ceases to be a member of the board that appointed him ceases to be a member of
the board of trustees.

4. Any vacancy
must be filled for the unexpired term by the board that appointed the member
who created the vacancy.

Sec. 4. 1. The board of trustees of a district created
wholly or in part to furnish facilities for public schools may levy a tax upon
all taxable property within its boundaries to raise money for the following
purposes, and no others:

(a) Construction or
purchase of new buildings for schools, including, but not limited to,
teacherages, dormitories, dining halls, gymnasiums and stadiums.

(c) Acquiring sites for
building schools, or additional real property for necessary purposes related to
schools, including, but not limited to, playgrounds, athletic fields and sites
for stadiums.

(d) Purchasing necessary
furniture and equipment for schools.

2. The rate of the
tax levied pursuant to subsection 1, when added to the rate, if any, levied
pursuant to NRS 387.3285 by the school district with the greatest amount of
territory included within the boundaries of the district to furnish facilities
for public schools, must not exceed:

(a) For a district whose
enrollment is 25,000 pupils or more, 35 cents on each $100 of assessed
valuation.

(b) For a district whose
enrollment is less than 25,000 pupils, 50 cents on each $100 of assessed
valuation.

3. Any money
collected pursuant to this section must be deposited in the county treasury to
the credit of the fund for capital projects to be held and expended in the same
manner as other money deposited in that fund.

4. The plans for
any facility to be constructed or otherwise acquired by a district to furnish
facilities for public schools must be approved by the board of trustees of the
school district in which the facility will be located.

5. A district
created wholly or in part to furnish facilities for public schools is not
entitled to receive any distribution of supplemental city-county relief tax.

Sec. 5. 1. The board of trustees of a district created
wholly or in part to furnish facilities for public schools shall establish a
fund for capital projects for the purposes set forth in subsection 1 of section
4 of this act. The money in the fund for capital projects may be transferred to
a debt service fund to pay the cost of the districts debt service.

2. With the approval
of the state board of finance, the board of trustees may accumulate money in
the fund for capital projects for a period not to exceed 20 years.

3. No money in the
fund for capital projects at the end of the fiscal year may revert to any other
fund, nor may the money be a surplus for any other purpose than those specified
in subsection 1.

Sec. 6. The total bonded indebtedness of a district created wholly or
in part to furnish facilities for public schools, when added to the total
bonded indebtedness of any school district or school districts which are wholly
or partially included within the boundaries of the district to furnish
facilities for public schools, must at no time exceed an amount equal to 15
percent of the total of the last assessed valuation of taxable property,
excluding motor vehicles, situated within the district to furnish facilities
for public schools.

Sec. 7. 1. Subject to any contractual provisions between
a district created wholly or in part to furnish facilities for public schools
and the county school district that uses the facilities, the district to
furnish facilities for public schools may:

(i) Commence, defend,
conduct, terminate by settlement or otherwise, and otherwise participate in any
litigation or other court, judicial or quasi-judicial action, by suit, action,
mandamus or other proceedings, concerning a facility or project;

(j) Use for or in
connection with a facility or project any money, land and other real and
personal property legally available therefor of either the district to furnish
facilities for public schools or the county school district, not originally
acquired therefor;

(k) Make contracts and
execute all instruments necessary or convenient, including, but not limited to,
contracts with the Federal Government and the state;

(l) Acquire any
construction work, improvement or improvements of any nature in connection with
a facility or project in the manner provided by law;

(m) Prescribe and enforce
reasonable rules and regulations for the use of the facility or project;

(n) Exercise all or any
part or combination of the powers granted by this subsection; and

(o) Do and perform any
other acts and things necessary, convenient, desirable or appropriate to carry
out the provisions of sections 2 to 8, inclusive, of this act, and exercise all
rights and powers necessary or incidental to or implied from the specific powers
granted in sections 2 to 8, inclusive, of this act.

2. The specific
powers in subsection 1 are not a limitation upon any power necessary,
convenient, desirable or appropriate to carry out the purposes and intent of
sections 2 to 8, inclusive, of this act.

3. A district
created wholly or in part to furnish facilities for public schools may rent,
lease or otherwise provide for the use of any of its facilities by a school
district.

Sec. 8. 1. A district created wholly or in part to
furnish facilities for public schools whose boundaries:

(a) Are conterminous with
the boundaries of a school district; or

(b) Include all of the
territory of one school district and a portion of another school district,

may assume all or any portion of the
indebtedness relating to facilities for public schools of the school district
which is wholly included within the boundaries of the district to furnish
facilities for public schools and may assume all or any portion of the tax rate
of that school district which relates to the acquisition, construction or
renovation of facilities for public schools, including the tax rate for the
debt service on any indebtedness it assumes.

2. A district
created wholly or in part to furnish facilities for public schools whose
boundaries include all of the territory of one school district and also include
a portion of another school district shall transfer back to the wholly included
school district such indebtedness as is necessary to reduce the rate of tax
levied for the district to furnish facilities for public schools, or otherwise
reduce the rate, by an amount equal to any rate imposed by the partially
included school district for debt service for the construction, acquisition or
renovation of facilities for public schools.

318.080 1. After adopting an
ordinance creating a district and before appointing the first board of trustees
for the district, the board of county commissioners is, ex officio, the board
of trustees for the district.

2. While acting as the board of trustees,
the board of county commissioners shall establish:

(a) Accounting practices and procedures for the
district;

(b) Auditing practices and procedures to be used
by the district;

(c) A budget for the district; and

(d) Management standards for the district.

3. Except as otherwise
provided in section 3 of this act and NRS
318.0953 and 318.09533, after the board of county commissioners has performed
the duties required by subsection 2, it shall appoint five persons to serve as
the first board of trustees of the district and shall specify therein the terms
of office to the [1st]first Monday in January next following the respective
election dates provided in NRS 318.095. Except as otherwise
provided in subsection 5, these persons must be qualified electors of the
district.

4. The members of the board of trustees
shall qualify by filing with the county clerk their oaths of office and
corporate surety bonds, at the expense of the district, the bonds to be in an
amount not more than $10,000 each, the form and exact amount thereof to be
approved and determined, respectively, by the board of county commissioners,
conditioned for the faithful performance of their duties as trustees. The board
of county commissioners may from time to time, upon good cause shown, increase
or decrease the amount of the bond.

5. [The]Except as otherwise provided in section 3 of this act,
the board of county commissioners may appoint as one of the five initial
trustees as provided by subsection 1 the district attorney for the county or a
deputy district attorney on his staff. Such appointee need not be a qualified
elector of the district, but no such attorney is qualified for appointment to
fill any vacancy on the board pursuant to NRS 318.090 or qualified as a
candidate for election to the board at any biennial election pursuant to NRS
318.095 unless he is a qualified elector of the district.

6. The board of county commissioners of
the county vested with jurisdiction pursuant to NRS 318.050 may remove any
trustee serving on an appointed or elected board of trustees for cause shown,
on petition, hearing and notice thereof by publication and by mail addressed to
the trustee.

Sec. 10. NRS 318.090 is
hereby amended to read as follows:

318.090 Except as otherwise provided in
NRS 318.0953 and 318.09533:

1. The board shall, by resolution,
designate the place where the office or principal place of the district is to
be located, which must be within the corporate limits of the district, and
which may be changed by resolution of the board. Copies of all those
resolutions must be filed with the county clerk or clerks of the county or
counties wherein the district is located within 5 days after their adoption.
The official records and files of the district must be kept at that office and
must be open to the public inspection as provided in NRS 239.010.

2. The board of trustees shall meet
regularly at least once each year, and at such other times at the office or
principal place of the district as provided in the bylaws.

3. Special meetings may be held on notice
to each member of the board as often as, and at such places within the district
as, the needs of the district require.

4. Three members of the board constitute
a quorum at any meeting.

5. [Any]Except as otherwise provided in section 3 of this act, a
vacancy on the board must be filled by a qualified elector of the district
chosen by the remaining members of the board, the appointee to act until a
successor in office qualifies as provided in NRS 318.080 on or after the [1st]first
Monday in January next following the next biennial election, held in accordance
with NRS 318.095, at which election the vacancy must be filled by election if
the term of office extends beyond that [1st]first Monday in January. Nominations of qualified
electors of the district as candidates to fill unexpired terms of 2 years may
be made the same as nominations for regular terms of 4 years, as provided in
NRS 318.095. If the board fails, neglects or refuses to fill any vacancy within
30 days after the vacancy occurs, the board of county commissioners shall fill
that vacancy.

6. [Each]Except as otherwise provided in section 3 of this act,
each term of office of 4 years terminates on the [1st]first Monday in January next following the
general election at which a successor in office is elected, as provided in NRS
318.095. The successors term of office commences then or as soon thereafter as
the successor qualifies as provided in NRS 318.080, subject to the provisions
in this chapter for initial appointments to a board, for appointments to fill
vacancies of unexpired terms, and for the reorganizations of districts under
this chapter which were organized under other chapters of NRS.

Sec. 11. NRS 318.095 is
hereby amended to read as follows:

318.095 Except as otherwise provided in section 3 of this act and NRS 318.0953:

1. There must be held simultaneously with
the first general election in the county after the creation of the district and
simultaneously with every general election thereafter an election to be known
as the biennial election of the district. The election must be conducted under
the supervision of the county clerk or registrar of voters. A district shall
reimburse the county clerk or registrar of voters for the costs he incurred in
conducting the election for the district.

2. The office of trustee is a nonpartisan
office. The general election laws of this state govern the candidacy,
nominations and election of a member of the board. The names of the candidates
for trustee of a district may be placed on the ballot for the primary or
general election.

3. At the first biennial election in any
district organized or reorganized and operating under this chapter, and each
fourth year thereafter, there must be elected by the qualified electors of the
district two qualified electors as members of the board to serve for terms of 4
years. At the second biennial election and each fourth year thereafter, there
must be so elected three qualified electors as members of the board to serve
for terms of 4 years.

4. The secretary of the district shall
give notice of election by publication, and shall arrange such other details in
connection therewith as the county clerk or registrar of voters may direct.

5. Any new member of the board must
qualify in the same manner as members of the first board qualify.

Sec. 12. NRS 318.0951 is
hereby amended to read as follows:

318.0951 Except as otherwise provided in section 3 of this act or NRS 318.0952 or 318.0953:

1. Each trustee elected at any biennial
election must be chosen by a plurality of the qualified electors of the
district voting on the candidates for the vacancies to be filled.

2. If there are two regular terms which
end on the [1st]first Monday in January next following the biennial
election, the two qualified electors receiving the highest and next highest
number of votes must be elected. If there are three regular terms so ending,
the three qualified electors receiving the highest, next highest and third
highest number of votes must be elected.

3. If there is a vacancy in an unexpired
regular term to be filled at the biennial election, as provided in subsection 5
of NRS 318.090, the candidate who receives the highest number of votes, after
there are chosen the successful candidates to fill the vacancies in expired
regular terms as provided in subsection 2, must be elected.

Sec. 13. NRS 318.0952 is
hereby amended to read as follows:

318.0952 Except as otherwise provided in section 3 of this act and NRS 318.0953:

1. Trustees may be elected in the
alternate manner provided in this section from election areas within the
district.

2. Within 30 days before May 1 of any
year in which a general election is to be held in the state, 10 percent or more
of the qualified electors of the district voting at the next preceding biennial
election of the district may file a written petition with the board of county
commissioners of the county vested with jurisdiction under NRS 318.050 praying
for the creation of election areas within the district in the manner provided
in this section. The petition must specify with particularity the five areas
proposed to be created. The description of the proposed election areas need not
be given by metes and bounds or by legal subdivisions, but must be sufficient
to enable a person to ascertain what territory is proposed to be included
within a particular area. The signatures to the petition need not all be
appended to one paper, but each signer must add to his name his place of
residence, giving the street and number whenever practicable. One of the
signers of each paper shall take an oath, before a person competent to
administer oaths, that each signature to the paper appended is the genuine
signature of the person whose name it purports to be.

3. Immediately after the receipt of the
petition, the board of county commissioners shall fix a date for a public
hearing to be held during the month of May, and shall give notice thereof by
publication at least once in a newspaper published in the county, or if no such
newspaper is published therein then in a newspaper published in the State of
Nevada and having a general circulation in the county. The costs of publication
of that notice are a proper charge against the district fund.

4. If, as a result of the public hearing,
the board of county commissioners finds that the creation of election areas
within the district is desirable, the board of county commissioners shall, by
resolution regularly adopted before June 1, divide the district into the areas
specified in the petition, designate them by number and define their
boundaries. The territory comprising each election area must be contiguous. One
trustee must be elected from each election area by a majority of the qualified
electors voting on the candidates for any vacancy for that area as provided in
subsection 7.

5. Before June 1 and immediately
following the adoption of the resolution creating election areas within a
district, the clerk of the board of county commissioners shall transmit a
certified copy of the resolution to the secretary of the district.

6. Upon the creation of election areas
within a district, the terms of office of all trustees then in office expire on
the [1st]first
Monday of January thereafter next following a biennial election. At the
biennial election held following the creation of election areas within a
district, district trustees to represent the odd-numbered election areas must
be elected for terms of 4 years and district trustees to represent the
even-numbered election areas must be elected for terms of 2 years. Thereafter,
at each biennial election, the offices of trustees must be filled for terms of
4 years in the order in which the terms of office expire.

7. Candidates for election as a trustee
representing any election area must be elected only by those qualified electors
of the district residing in that area. No qualified elector may vote in more
than one election area at any one time.

8. A candidate for the office of trustee
of a district in which election areas have been created must be a qualified
elector of the district and must be a resident of the election area which he
seeks to represent.

9. Election areas may be altered or
abolished in the same manner as provided in this section for the creation of
election areas and the election of trustees therefor.

Sec. 14. NRS 318.116 is
hereby amended to read as follows:

318.116 Any one, all or any combination
of the following basic powers may be granted to a district in proceedings for
its organization, or its reorganization pursuant to NRS 318.077 and all
provisions in this chapter supplemental thereto, or as may be otherwise
provided by statute:

1. Furnishing electric light and power,
as provided in NRS 318.117;

2. Extermination and abatement of
mosquitoes, flies, other insects, rats, and liver fluke or fasciola hepatica, as
provided in NRS 318.118;

3. Furnishing facilities or services for
public cemeteries, as provided in NRS 318.119;

19. Furnishing
facilities for public schools, as provided in sections 2 to 8, inclusive, of
this act.

Sec. 15. NRS 387.400 is
hereby amended to read as follows:

387.400 [The]1. Except as otherwise provided in
subsection 2, the total bonded indebtedness of a county school district [shall]must
at no time exceed an amount equal to 15 percent of the total of the last
assessed valuation of taxable property ,[(] excluding motor vehicles ,[)]
situated within the county school district.

2. If a district
to furnish facilities for public schools has been created pursuant to chapter
318 of NRS whose boundaries are conterminous with the boundaries of the school
district or include the same area as the school district plus a portion of
another school district, the total bonded indebtedness of the school district
which is included within the boundaries of the district to furnish facilities
for public schools, when added to the total bonded indebtedness of the district
to furnish facilities for public schools and the partially included school
district, if any, must at no time exceed an amount equal to 15 percent of the
total of the last assessed valuation of the taxable property within the
boundaries of the district to furnish facilities for public schools.

Sec. 16. NRS 482.181 is
hereby amended to read as follows:

482.181 1. Except as
otherwise provided in subsection 3, the department shall certify monthly to the
state board of examiners the amount of the privilege tax collected for each
county by the department and its agents during the preceding month, and that
money must be distributed monthly as provided in this section.

2. The distribution of the privilege tax
within a county must be made to local governments, as defined in NRS 354.474,
except redevelopment agencies and tax increment areas, in the same ratio as all
property taxes were levied in the county in the previous fiscal year, but the
State of Nevada is not entitled to share in that distribution and at least 5
percent of the privilege tax disbursed to a county must be deposited for credit
to the countys general fund. For the purpose of this subsection, the taxes
levied by each local government are the product of its certified valuation,
determined pursuant to subsection 2 of NRS 361.405, and its tax rate,
established pursuant to NRS 361.455 for the fiscal year beginning on July 1,
1980, except that the tax rate for school districts, including the rate attributable
to a districts debt service, is the rate established pursuant to NRS 361.455
for the fiscal year beginning on July 1, 1978, but [if]:

(a) If the rate
attributable to a districts debt service in any fiscal year is greater than
its rate for the fiscal year beginning on July 1, 1978, the higher rate must be
used to determine the amount attributable to debt service [.]; and

(b) If any or all of the
school districts debt service to which a portion of its rate for the fiscal
year beginning on July 1, 1978, is attributable is transferred to an
improvement district created pursuant to chapter 318 of NRS to furnish
facilities for public schools, that portion must be attributed to the
improvement district for the purpose of the distributions made pursuant to this
section.

3. An amount equal to any privilege tax
distributed to a redevelopment agency or tax increment area in the fiscal year
1987-1988 must continue to be distributed to that agency or area as long as it
exists but must not be increased.

4. Local governments, other than
incorporated cities, are entitled to receive no distribution if the
distribution to the local government is less than $100. Any undistributed money
accrues to the county general fund of the county in which the local government
is located.

5. The department shall make
distributions directly to counties, county school districts and incorporated
cities. Distributions for other local governments within a county must be paid
to the counties for distribution to the other local governments.

________

CHAPTER 790, SB 546

Senate Bill No. 546Committee on Judiciary

CHAPTER 790

AN ACT relating to the punishment of
offenders; providing for the earning of credits against a term of imprisonment
for the completion of a program of vocational education; requiring the state
board of parole commissioners to adopt objective standards to assist the board in
exercising its discretion to grant or revoke parole; requiring the chief parole
and probation officer to adopt objective standards which assist him in
formulating a recommendation regarding the granting of probation or the
revocation of parole or probation; and providing other matters properly
relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 209 of NRS
is hereby amended by adding thereto a new section to read as follows:

An offender who has no serious
infraction of the regulations of the department or the laws of the state
recorded against him must be allowed, in addition to the credits provided
pursuant to NRS 209.433, 209.443 or 209.446, a deduction of 30 days from the
length of his remaining sentence for the completion of a program of vocational
education and training. If the offender completes the program of vocational
education and training with meritorious or exceptional achievement, the
director may allow not more than 60 days of credit
in addition to the 30 days allowed for completion of the program.

(a) Is responsible to the director for the
administration of all industrial , vocational and
agricultural programs for the employment of offenders, except honor camps and
centers for the purpose of making restitution; and

(b) Shall enforce all policies and regulations
of the department relating to industrial , vocational
and agricultural programs.

2. In addition to the assistant director
appointed pursuant to subsection 1, the director shall appoint such other
assistant directors as are necessary.

3. The assistant directors are in the
classified service of the state except for purposes of retention.

4. During any absence of the director, he
shall designate an assistant director or a warden to act as director of the
department without increase in salary.

5. The assistant directors shall carry
out such administrative duties as may be assigned to them by the director and
shall not engage in any other gainful employment or occupation.

Sec. 3. NRS 209.389 is
hereby amended to read as follows:

209.389 1. The board shall
establish by regulation programs of general education, vocational education and training and other rehabilitation for
offenders.

2. The regulations must take appropriate
account of the following matters:

(a) The educational level and needs of
offenders;

(b) Opportunities for employment [in free society;]when the offender is released from custody;

(c) Interests of offenders; and

(d) The number of offenders desiring
participation in such programs.

3. The regulations must provide for an
assessment of these programs at least every 3 years by qualified persons,
professional groups or trade associations.

4. No offender has
a right to be admitted to a program of education, vocational education and
training or other rehabilitation programs established pursuant to this section,
and it is not intended that the establishment of such programs or the failure
to establish such programs creates any right or interest in liberty or property
or establishes a basis for any cause of action against the state, its political
subdivisions, agencies, boards, commissions, departments officers or employees.

Sec. 4. Chapter 213 of NRS
is hereby amended by adding thereto the provisions set forth as sections 5, 6
and 7 of this act.

Sec. 5. 1. The board shall adopt by regulation standards
to assist the board in determining whether to release on parole or revoke the
parole of a convicted person who is otherwise eligible for parole or on parole.
The standards must be based upon objective criteria for determining the
persons probability of success on parole.

2. In establishing
the standards, the board shall first consider all factors which are relevant in
determining the probability that a convicted person will live and remain at liberty without violating the law if parole
is granted or continued.

live and remain at liberty without
violating the law if parole is granted or continued.

3. The board shall
adjust the standards to provide a greater punishment for a convicted person who
has a history of repetitive criminal conduct or who commits a serious crime,
with a violent crime considered the most serious, than for a convicted person
who does not have a history of repetitive crimes and did not commit a serious
crime.

4. When adopting
regulations pursuant to this section, the board shall follow the procedure set
forth in chapter 233B of NRS for the adoption of regulations.

5. The board shall
report to each regular session of the legislature:

(a) The number and
percentage of decisions regarding parole which conflicted with the standards;
and

(b) Any recommendations
regarding the standards.

Sec. 6. 1. The chief parole and probation officer shall
adopt by regulation standards to assist him in formulating a recommendation
regarding the granting of probation or the revocation of parole or probation to
a convicted person who is otherwise eligible for or on probation or parole. The
standards must be based upon objective criteria for determining the persons
probability of success on parole or probation.

2. In establishing
standards, the chief parole and probation officer shall first consider all
factors which are relevant in determining the probability that a convicted
person will live and remain at liberty without violating the law if parole is
continued or probation is granted or continued.

3. The chief
parole and probation officer shall adjust the standards to provide a
recommendation of greater punishment for a convicted person who has a history
of repetitive criminal conduct or who commits a serious crime, with a violent
crime considered the most serious, than for a convicted person who does not
have a history of repetitive crimes and did not commit a serious crime.

4. When adopting
regulations pursuant to this section, the chief parole and probation officer
shall follow the procedure set forth in chapter 233B of NRS for the adoption of
regulations.

5. The chief
parole and probation officer shall report to each regular session of the
legislature:

(a) The number and
percentage of recommendations made regarding parole and probation which
conflicted with the standards; and

(b) Any recommendations
regarding the standards.

Sec. 7. The legislature finds and declares that the release or
continuation of a person on parole or probation is an act of grace of the
state. No person has a right to parole or probation, and it is not intended
that the establishment of standards relating thereto create any such right or
interest in liberty or property or establish a basis for any cause of action
against the state, its political subdivisions, agencies, boards, commissions,
departments, officers or employees.

Sec. 8. NRS 213.107 is
hereby amended to read as follows:

213.107 As used in NRS 213.107 to
213.160, inclusive [:], and section 5 of this act:

4. Residential confinement means the
confinement of a person convicted of a crime to his place of residence under
the terms and conditions established by the board.

5. Standards
means the objective standards for granting or revoking parole or probation
which are adopted by the board or the chief parole and probation officer.

Sec. 9. NRS 213.1099 is
hereby amended to read as follows:

213.1099 1. Except as
otherwise provided in subsections 2 and 3 and NRS 213.1215, the board may
release on parole a prisoner otherwise eligible for parole under NRS 213.107 to
213.160, inclusive.

2. In determining whether to release a
prisoner on parole, the board shall consider [whether:

(a) There]:

(a) Whether there
is a reasonable probability that the prisoner will live and remain at liberty
without violating the laws; [and

(b) The]

(b) Whether the
release is incompatible with the welfare of society [.];

(c) The seriousness of
the offense and the history of criminal conduct of the prisoner; and

(d) The standards adopted
pursuant to section 5 of this act and the recommendation, if any, of the chief
parole and probation officer.

3. When a
person is convicted of any felony and is punished by a sentence of
imprisonment, he remains subject to the jurisdiction of the board from the time
he is released on parole under the provisions of this chapter until the
expiration of the term of imprisonment imposed by the court less any good time
or other credits earned against the term.

[3.]4. Except as otherwise provided in NRS
213.1215, the board may not release on parole a prisoner whose sentence to
death or to life without possibility of parole has been commuted to a lesser
penalty unless it finds that the prisoner has served at least 20 consecutive
years in the state prison, is not under an order that he be detained to answer
for a crime or violation of parole or probation in another jurisdiction, and
that he has no history of:

(a) Recent misconduct in the institution, and
that he has been recommended for parole by the director of the department of
prisons;

(b) Repetitive criminal conduct;

(c) Criminal conduct related to the use of
alcohol or drugs;

(d) Repetitive sexual deviance, violence or
aggression; or

(e) Failure in parole, probation, work release
or similar programs.

[4.]5. In determining whether to release a
prisoner on parole pursuant to this section, the board shall not consider
whether the prisoner will soon be eligible for release pursuant to NRS
213.1215.

Sec. 10. NRS 176.175 is
hereby amended to read as follows:

176.175 As used in NRS 176.175 to
176.245, inclusive, unless the context otherwise requires:

3. Parole and probation officer means
the chief parole and probation officer or an assistant parole and probation
officer appointed in accordance with the provisions of chapter 213 of NRS.

4. Residential confinement means the
confinement of a person convicted of a crime to his place of residence under
the terms and conditions established by the sentencing court.

5. Standards
means the objective standards for granting or revoking parole or probation
which are adopted by the state board of parole commissioners or chief parole
and probation officer.

Sec. 11. NRS 176.185 is
hereby amended to read as follows:

176.185 1. Whenever any
person has been found guilty in a district court of a crime upon verdict or
plea, the court, except in cases of murder of the first or second degree,
kidnaping in the first degree, sexual assault, or an offense for which the
suspension of sentence or the granting of probation is expressly forbidden, may
by its order suspend the execution of the sentence imposed and grant probation
to the convicted person as the judge thereof deems advisable. The court may
grant probation to a person convicted of indecent or obscene exposure or of
lewdness only if a certificate of a psychiatrist, as required by NRS 201.210,
201.220 or 201.230, is received by the court. The court
shall consider the standards adopted pursuant to section 6 of this act and the
recommendation of the chief parole and probation officer, if any, in
determining whether to grant probation.

2. The district judge shall not, except
as provided herein, grant probation to a person convicted of a felony until the
judge receives a written report from the chief parole and probation officer.
The chief parole and probation officer shall submit a written report not later
than 30 days following a request for a probation investigation from the county
clerk, but if no report is submitted by the chief parole and probation officer
within 30 days the district judge may grant probation without the written
report.

3. In issuing the order granting
probation, the court may fix the terms and conditions thereof, including a
requirement for restitution or an order that the probationer dispose of all the
weapons he possesses.

4. The court shall not suspend the
execution of a sentence of imprisonment after the defendant has begun to serve
it.

5. In placing any defendant on probation
or in granting any defendant a suspended sentence, the court shall direct that
he be placed under the supervision of the chief parole and probation officer.

6. The court shall also, upon entering of
the order of probation or suspension of sentence, as provided for in NRS
176.175 to 176.245, inclusive, direct the clerk of the court to certify a copy
of the records in the case and deliver the copy to the chief parole and
probation officer.

Sec. 12. NRS 176.221 is
hereby amended to read as follows:

176.221 If the probationer is arrested,
by or without warrant, in another judicial district of this state, the court
which granted probation may assign the case to the district court of that
district, with the consent of that court. The court retaining or thus acquiring
jurisdiction shall cause the defendant to be brought before it, [and]consider the
standards adopted pursuant to section 6 of this act and the recommendation, if
any, of the chief parole and probation officer. The court may:

2. Order the probationer to a term of
residential confinement pursuant to NRS 176.2231; or

3. Cause the sentence imposed to be
executed.

Sec. 13. 1. The
assistant director for industrial programs of the department of prisons shall
conduct an evaluation of existing vocational education and training programs,
subject to the advice and guidance of the advisory board on industrial
programs.

2. The evaluation must include a review
of the existing and potential programming available at the school districts and
community colleges in close proximity to the institutions and facilities of the
department of prisons, available funding and methods of coordinating existing
industries, education and vocational training programs with the programming
required pursuant to section 1 of this act and NRS 290.151, as amended by sec.
2 of this act.

3. The evaluation must be presented to
the board of state prison commissioners who shall adopt regulations pursuant to
NRS 209.389 on or before January 1, 1990, or as soon thereafter as practicable.

Sec. 14. The initial
standards adopted pursuant to sections 5 and 6 of this act become effective on
January 1, 1990, or 10 days after they are adopted by the state board of parole
commissioners or the chief parole and probation officer, whichever is later.
The board and the chief parole and probation officer shall adopt the standards
before January 1, 1990, or as soon thereafter as practicable.

AN ACT relating to insurance; requiring
policies of health insurance to include coverage for breast examinations;
extending the required coverage for reconstructive surgery after mastectomies;
and providing other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 689A of NRS
is hereby amended by adding thereto a new section to read as follows:

1. A policy of
health insurance must provide coverage for benefits payable for expenses
incurred for:

(a) An annual cytologic
screening test for women 18 years of age or older;

2. A policy
subject to the provisions of this chapter which is delivered, issued for
delivery or renewed on or after October 1, 1989, has the legal effect of
including the coverage required by this section, and any provision of the
policy or the renewal which is in conflict with this section is void.

Sec. 2. NRS 689A.041 is
hereby amended to read as follows:

689A.041 1. Any policy of
health insurance which provides coverage for the surgical procedure known as a mastectomy
must also provide commensurate coverage for at least two prosthetic devices and
for reconstructive surgery incident to the mastectomy. Except as otherwise
provided in subsection 2, this coverage must be subject to the same terms and
conditions that apply to the coverage for the mastectomy.

2. If reconstructive surgery is begun
within 3 years after a mastectomy, the amount of the benefits for that surgery
must equal the amounts provided for in the policy at the time of the
mastectomy. If the surgery is begun more than 3 years after the mastectomy, the
benefits provided are subject to all of the terms, conditions and exclusions
contained in the policy at the time of the reconstructive surgery.

3. A policy subject to the provisions of
this chapter which is delivered, issued for delivery or renewed on or after [July 1, 1983,]October
1, 1989, has the legal effect of including the coverage required by this
section, and any provision of the policy or the renewal which is in conflict
with this section is void.

4. For the
purposes of this section, reconstructive surgery means a surgical procedure
performed following a mastectomy on one breast or both breasts to reestablish
symmetry between the two breasts. The term includes, but is not limited to,
augmentation mammoplasty, reduction mammoplasty and mastopexy.

Sec. 3. Chapter 689B of NRS
is hereby amended by adding thereto a new section to read as follows:

1. A policy of
group health insurance must provide coverage for benefits payable for expenses
incurred for:

(a) An annual cytologic
screening test for women 18 years of age or older;

(b) A baseline mammogram
for women between the ages of 35 and 40; and

(c) An annual mammogram
for women 40 years of age or older.

2. A policy
subject to the provisions of this chapter which is delivered, issued for
delivery or renewed on or after October 1, 1989, has the legal effect of
including the coverage required by this section, and any provision of the
policy or the renewal which is in conflict with this section is void.

Sec. 4. NRS 689B.0375 is
hereby amended to read as follows:

689B.0375 1. Any policy of
group health insurance which provides coverage for the surgical procedure known
as a mastectomy must also provide commensurate coverage for at least two
prosthetic devices and for reconstructive surgery incident to the mastectomy.
Except as otherwise provided in subsection 2, this coverage must be subject to
the same terms and conditions that apply to the coverage for the mastectomy.

2. If reconstructive surgery is begun
within 3 years after a mastectomy, the amount of the benefits for that surgery
must equal those amounts provided for in the policy at the time of the
mastectomy. If the surgery is begun more than 3 years after the mastectomy, the
benefits provided are subject to all of the terms,
conditions and exclusions contained in the policy at the time of the
reconstructive surgery.

the terms, conditions and exclusions contained in the policy
at the time of the reconstructive surgery.

3. A policy subject to the provisions of
this chapter which is delivered, issued for delivery or renewed on or after [July 1, 1983,]October
1, 1989, has the legal effect of including the coverage required by this
section, and any provision of the policy or the renewal which is in conflict
with this section is void.

4. For the
purposes of this section, reconstructive surgery means a surgical procedure
performed following a mastectomy on one breast or both breasts to reestablish
symmetry between the two breasts. The term includes, but is not limited to,
augmentation mammoplasty, reduction mammoplasty and mastopexy.

Sec. 5. Chapter 695B of NRS
is hereby amended by adding thereto a new section to read as follows:

1. A policy of
health insurance issued by a hospital or medical service corporation must
provide coverage for benefits payable for expenses incurred for:

(a) An annual cytologic
screening test for women 18 years of age or older;

(b) A baseline mammogram
for women between the ages of 35 and 40; and

(c) An annual mammogram
for women 40 years of age or older.

2. A policy
subject to the provisions of this chapter which is delivered, issued for
delivery or renewed on or after October 1, 1989, has the legal effect of
including the coverage required by this section, and any provision of the
policy or the renewal which is in conflict with this section is void.

Sec. 6. NRS 695B.191 is
hereby amended to read as follows:

695B.191 1. Any policy of
health insurance, issued by a medical service corporation, which provides
coverage for the surgical procedure known as a mastectomy must also provide
commensurate coverage for at least two prosthetic devices and for
reconstructive surgery incident to the mastectomy. Except as otherwise provided
in subsection 2, this coverage must be subject to the same terms and conditions
that apply to the coverage for the mastectomy.

2. If reconstructive surgery is begun
within 3 years after a mastectomy, the amount of the benefits for that surgery
must equal those amounts provided for in the policy at the time of the
mastectomy. If the surgery is begun more than 3 years after the mastectomy, the
benefits provided are subject to all of the terms, conditions and exclusions
contained in the policy at the time of the reconstructive surgery.

3. A policy subject to the provisions of
this chapter which is delivered, issued for delivery or renewed on or after [July 1, 1983,]October
1, 1989, has the legal effect of including the coverage required by this
section, and any provision of the policy or the renewal which is in conflict
with this section is void.

4. For the
purposes of this section, reconstructive surgery means a surgical procedure
performed following a mastectomy on one breast or both breasts to reestablish
symmetry between the two breasts. The term includes, but is not limited to,
augmentation mammoplasty, reduction mammoplasty and mastopexy.

(a) An annual cytologic
screening test for women 18 years of age or older;

(b) A baseline mammogram
for women between the ages of 35 and 40; and

(c) An annual mammogram
for women 40 years of age or older.

2. A policy
subject to the provisions of this chapter which is delivered, issued for
delivery or renewed on or after October 1, 1989, has the legal effect of
including the coverage required by this section, and any provision of the
policy or the renewal which is in conflict with this section is void.

Sec. 8. NRS 695C.171 is
hereby amended to read as follows:

695C.171 1. Any health
maintenance plan which provides coverage for the surgical procedure known as a
mastectomy must also provide commensurate coverage for at least two prosthetic
devices and for reconstructive surgery incident to the mastectomy. Except as
otherwise provided in subsection 2, this coverage must be subject to the same
terms and conditions that apply to the coverage for the mastectomy.

2. If reconstructive surgery is begun
within 3 years after a mastectomy, the amount of the benefits for that surgery
must equal those amounts provided for in the policy at the time of the
mastectomy. If the surgery is begun more than 3 years after the mastectomy, the
benefits provided are subject to all of the terms, conditions and exclusions
contained in the policy at the time of the reconstructive surgery.

3. A policy subject to the provisions of
this chapter which is delivered, issued for delivery or renewed on or after [July 1, 1983,]October
1, 1989, has the legal effect of including the coverage required by this
section, and any provision of the policy or the renewal which is in conflict
with this section is void.

4. For the
purposes of this section, reconstructive surgery means a surgical procedure
performed following a mastectomy on one breast or both breasts to reestablish
symmetry between the two breasts. The term includes, but is not limited to,
augmentation mammoplasty, reduction mammoplasty and mastopexy.

Sec. 9. NRS 608.157 is
hereby amended to read as follows:

608.157 1. If an employer
provides health benefits for his employees which include coverage for the
surgical procedure known as a mastectomy, he must also provide commensurate
coverage for at least two prosthetic devices and for reconstructive surgery
incident to the mastectomy. Except as otherwise provided in subsection 2, this
coverage is subject to the same terms and conditions that apply to the coverage
for the mastectomy.

2. If reconstructive surgery is begun
within 3 years after a mastectomy, the amount of the benefits for that surgery
must equal those amounts provided at the time of the mastectomy. If the surgery
is begun more than 3 years after the mastectomy, the benefits provided are
subject to all of the terms, conditions and exclusions relating to those
benefits at the time of the reconstructive surgery.

3. For the
purposes of this section, reconstructive surgery means a surgical procedure
performed following a mastectomy on one breast or both breasts to reestablish symmetry between the two breasts.

breasts to reestablish symmetry
between the two breasts. The term includes, but is not limited to, augmentation
mammoplasty, reduction mammoplasty and mastopexy.

Sec. 10. NRS 616.503 is
hereby amended to read as follows:

616.503 1. If compensation
is paid to an employee under this chapter for the surgical procedure known as a
mastectomy, the employee is also entitled to receive commensurate compensation
for at least two prosthetic devices and for reconstructive surgery incident to
the mastectomy. Except as otherwise provided in subsection 2, this compensation
is subject to the same requirements and conditions that apply to the compensation
for the mastectomy.

2. If reconstructive surgery is begun
within 3 years after a mastectomy, the amount of the compensation for that
surgery must equal those amounts provided for in this chapter at the time of
the mastectomy. If the surgery is begun more than 3 years after the mastectomy,
the compensation provided is subject to the requirements and conditions that
apply at the time of the reconstructive surgery.

3. For the
purposes of this section, reconstructive surgery means a surgical procedure
performed following a mastectomy on one breast or both breasts to reestablish
symmetry between the two breasts. The term includes, but is not limited to,
augmentation mammoplasty, reduction mammoplasty and mastopexy.

Sec. 11. NRS 617.395 is
hereby amended to read as follows:

617.395 1. If compensation
is paid to an employee under this chapter for the surgical procedure known as a
mastectomy, the employee is also entitled to receive commensurate compensation
for at least two prosthetic devices and for reconstructive surgery incident to
the mastectomy. Except as otherwise provided in subsection 2, this compensation
is subject to the same requirements and conditions that apply to the compensation
for the mastectomy.

2. If reconstructive surgery is begun
within 3 years after a mastectomy, the amount of the compensation provided for
that surgery must equal those amounts provided for at the time of the
mastectomy. If the surgery is begun more than 3 years after the mastectomy, the
compensation provided is subject to the requirements and conditions that apply at
the time of the reconstructive surgery.

3. For the
purposes of this section, reconstructive surgery means a surgical procedure
performed following a mastectomy on one breast or both breasts to reestablish
symmetry between the two breasts. The term includes, but is not limited to,
augmentation mammoplasty, reduction mammoplasty and mastopexy.

AN ACT relating to health care; requiring
the state board of health to adopt regulations governing the testing of infants
for the presence of sickle cell anemia; requiring the board to establish an
advisory committee to make recommendations concerning the establishment of
targeted screening and awareness programs concerning sickle cell anemia; and
providing other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 442 of NRS
is hereby amended by adding thereto a new section to read as follows:

The state board of health shall
establish an advisory committee concerning sickle cell anemia. The advisory
committee shall, in cooperation with the state board of education, the
University of Nevada School of Medicine, and any public or private agencies
that perform work related to sickle cell anemia:

1. Gather
information concerning the need for screening and awareness programs concerning
sickle cell anemia, appropriate settings for such programs, and the manner of
establishing and conducting such programs.

2. Make
recommendations to the state board of education, the state board of health, and
any other appropriate authorities concerning the establishment of targeted
screening and awareness programs concerning sickle cell anemia.

3. Make
recommendations to the state board of education, the state board of health, and
any other appropriate state agency concerning the adoption of regulations
necessary to implement the programs.

Sec. 2. NRS 442.115 is
hereby amended to read as follows:

442.115 1. The state board
of health, upon the recommendation of the state health officer, shall adopt
regulations governing examinations and tests required for the discovery in
infants of preventable inheritable disorders [leading
to mental retardation.], including tests
for the presence of sickle cell anemia.

2. Any physician, midwife, nurse,
maternity home or hospital of any nature attendant on or assisting in any way
whatever any infant, or the mother of any infant, at childbirth shall make or
cause to be made an examination of the infant, including standard tests, to the
extent required by regulations of the state board of health as necessary for
the discovery of conditions indicating such disorders.

3. If the examination and tests reveal
the existence of such conditions in an infant, the physician, midwife, nurse,
maternity home or hospital attendant on or assisting at the birth of the infant
shall immediately:

(a) Report the condition to the local health
officer of the county or city within which the infant or the mother of the
infant resides, and the local health officer of the county or city in which the
child is born; and

(b) Discuss the condition with the parent,
parents or other persons responsible for the care of the infant and inform them
of the treatment necessary for the amelioration of the condition.

4. An infant is exempt from examination
and testing if either parent files a written objection with the person or
institution responsible for making the examination or tests.

Sec. 3. The health division
of the department of human resources shall develop four pilot targeted
screening and awareness programs concerning sickle cell anemia pursuant to the
recommendations of the advisory committee established by the state board of
health pursuant to section 1 of this act. Three of the pilot programs must be based
in Las Vegas and one must be based in Washoe County. The division shall not
begin a pilot program until adequate funding for the program has been secured.

AN ACT making an appropriation to Nevada
Special Olympics for administrative expenses; and providing other matters
properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to Nevada Special Olympics the sum of
$50,000 for administrative expenses of branch offices within the state.

Sec. 2. Any remaining
balance of the appropriation made by section 1 of this act must not be
committed for expenditure after June 30, 1991, and reverts to the state general
fund as soon as all payments of money committed have been made.

Sec. 3. This act becomes
effective on June 30, 1989.

________

κ1989
Statutes of Nevada, Page 1895κ

CHAPTER 794, AB 887

Assembly Bill No.
887Committee on Ways and Means

CHAPTER 794

AN ACT relating to parole; requiring the
state board of parole commissioners to consider the parole of a prisoner whose
death is imminent if the prisoner is statutorily eligible for parole; and
providing other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 213 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. The board shall
consider and may release on parole a prisoner who is statutorily eligible for
parole if:

(a) The physician who
provides medical attention to the prisoner finds and certifies that the
prisoner is in ill health and expected to die within 6 months; and

(b) Two physicians who
are in private practice and are not associated with the department of prisons
examine the prisoner and confirm the finding of the physician pursuant to
paragraph (a).

2. A prisoner
paroled pursuant to subsection 1 must be placed under intensive supervision.

3. For the
purposes of this section, a prisoner is statutorily eligible for parole if he:

(a) Is not sentenced to death;

(b) Is not sentenced to
imprisonment without the possibility of parole; and

(c) Has served the period
required by NRS 213.120.

Sec. 2. NRS 213.107 is
hereby amended to read as follows:

213.107 As used in NRS 213.107 to
213.160, inclusive [:], and section 1 of this act:

1. Board means the state board of
parole commissioners.

2. Department means the department of
parole and probation.

3. Executive officer means the chief
parole and probation officer.

4. Residential confinement means the
confinement of a person convicted of a crime to his place of residence under
the terms and conditions established by the board.

________

κ1989
Statutes of Nevada, Page 1896κ

CHAPTER 795, SB 319

Senate Bill No. 319Committee on Finance

CHAPTER 795

AN ACT relating to elected state officers;
increasing salaries and compensation prospectively of certain officers; and
providing other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 2.050 is
hereby amended to read as follows:

2.050 1. Until the [1st]first
Monday in January [1987,]1991, the justices of the supreme court whose terms
expire on the [1st]first Monday in January [1987]1991 are entitled to receive an annual salary of [$47,250.]$61,500.
From and after the [1st]first Monday in January [1987,]1991, their successors in office are entitled to
receive a salary of [$73,500.]$85,000.

2. Until the [1st]first
Monday in January [1989, the justice of the
supreme court whose term of office expires on the 1st Monday in January 1989 is
entitled to receive an annual salary of $61,500. From and after the 1st Monday
in January 1989, his successors in office are entitled to receive an annual
salary of $73,500.

3. Until the 1st
Monday in January 1991, the justices of the supreme court whose terms of office
expire on the 1st Monday in January 1991 are entitled to receive an annual
salary of $61,500. From and after the 1st Monday in January 1991, their
successors in office are entitled to receive a salary of $73,500.]1993, the justices of the supreme court whose terms of
office expire on the first Monday in January 1993 are entitled to receive an annual
salary of $73,500. From and after the first Monday in January 1993, their
successors in office are entitled to receive a salary of $85,000.

3. Until the first
Monday in January 1995, the justice of the supreme court whose term of office
expires on the first Monday in January 1995 is entitled to receive an annual
salary of $73,500. From and after the first Monday in January 1995, his
successor in office is entitled to receive a salary of $85,000.

4. All salaries provided for in this
section are payable in biweekly installments as other state officers are paid.

Sec. 2. NRS 3.030 is hereby
amended to read as follows:

3.030 1. The annual salary of each
district judge is [$67,000.]$79,000.

2. All of the salaries must be paid in
biweekly installments out of the district judges salary account of the supreme
court.

3. No salary of any district judge may be
paid in advance.

Sec. 3. NRS 213.015 is
hereby amended to read as follows:

213.015 1. Until the [1st]first
Monday in January [1987:]1991:

(a) Any member of the board whose annual salary
as a justice of the supreme court is [$61,500]$73,500 shall receive no salary as a member of
the board.

(b) Any member of the board whose annual salary
as a justice of the supreme court is [$47,250]$61,500 is entitled to receive as a member of the
board an annual salary of [$14,250.]$12,000.

2. From and after the [1st]first
Monday in January [1987:]1991:

(a) Any member of the board whose annual salary
as a justice of the supreme court is set by subsection 1 of NRS 2.050 [shall receive]receives
no salary as a member of the board.

(b) Any member of the board whose annual salary
as a justice of the supreme court is set by subsection 2 or 3 of NRS 2.050 is
entitled to receive as a member of the board an annual salary in an amount
which when added to his salary as a justice equals the salary set by subsection
1 of NRS 2.050.

3. The salaries provided for in this
section must be paid out of money provided by direct legislative appropriation
from the state general fund.

Sec. 4. NRS 223.050 is
hereby amended to read as follows:

223.050 Until the [1st]first Monday in January [1987,]1991, the governor is entitled to receive an
annual salary of [$65,000.]$77,500. From and after the [1st]first Monday in January [1987,]1991, the governor is entitled to receive an
annual salary of [$77,500.]$90,000.

Sec. 5. NRS 224.050 is
hereby amended to read as follows:

224.050 1. Until the [1st]first
Monday in January [1987,]1991, the lieutenant governor is entitled to receive an
annual salary of [$10,500.]$12,500. From and after the [1st]first Monday in January [1987,]1991, the lieutenant governor is entitled to
receive an annual salary of [$12,500.]$20,000.

2. In addition to the annual salary
provided for in subsection 1, the lieutenant governor is entitled to receive
the compensation provided for a majority of the members of the legislature
during the first 60 days of the session and the per diem allowance and travel
expenses authorized for the members of the legislature.

3. In addition to the salary provided in
subsections 1 and 2, the lieutenant governor is entitled to receive $130 for
each day on which he is actually employed as governor and the per diem
allowance and travel expenses as provided for state officers and employees
generally when acting as governor, or when discharging other official duties as
lieutenant governor, at times when the legislature is not in session.

Sec. 6. NRS 225.050 is
hereby amended to read as follows:

225.050 Until the [1st]first Monday in January [1987,]1991, the secretary of state is entitled to
receive an annual salary of [$42,250.]$50,500. From and after the [1st]first
Monday in January [1987,]1991, the secretary of state is entitled to receive an
annual salary of [$50,500.]$62,500.

Sec. 7. NRS 226.090 is
hereby amended to read as follows:

226.090 Until the [1st]first Monday in January [1987,]1991, the state treasurer is entitled to receive
an annual salary of [$41,000.]$49,000. From and after the [1st]first Monday in January [1987,]1991, the state treasurer is entitled to receive
an annual salary of [$49,000.]$62,500.

Sec. 8. NRS 227.060 is
hereby amended to read as follows:

227.060 Until the [1st]first Monday in January [1987,]1991, the state controller is entitled to receive
an annual salary of [$41,000.]$49,000. From and after the [1st]
first Monday in January [1987,] 1991, the state controller is entitled to
receive an annual salary of [$49,000.]

and after the [1st]first Monday in January [1987,]1991, the state controller is entitled to receive
an annual salary of [$49,000.]$62,500.

Sec. 9. NRS 228.070 is
hereby amended to read as follows:

228.070 1. Until the [1st]first
Monday in January [1987,]1991, the attorney general is entitled to receive an
annual salary of [$52,500.]$62,500. From and after the [1st]first Monday in January [1987,]1991, the attorney general is entitled to receive
an annual salary of [$62,500.]$85,000.

2. The attorney general is not permitted
to engage in the private practice of law.

228.070 1. Until
the first Monday in January 1991, the attorney general is entitled to receive
an annual salary of $62,500. From and after the first Monday in January 1991,
the attorney general is entitled to receive an annual salary of $85,000.

2. [The]Except as
otherwise provided in section 1 of this act, the attorney general [is not permitted to]shall not engage in the private practice of law.

Sec. 11. 1. This
section and sections 1 and 3 to 10, inclusive, of this act become effective on
July 1, 1989.

2. Section 2 of this act becomes
effective at 12:01 a.m. on January 7, 1991.

________

CHAPTER 796, AB 873

Assembly Bill No.
873Committee on Government Affairs

CHAPTER 796

AN ACT relating to classifications based
on population; changing the population basis for the exercise of certain powers
by local governments; and providing other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 244.014 is
hereby amended to read as follows:

244.014 In each county [having a population of]whose population is 100,000 or more but less than [250,000:]400,000:

1. At the general election in 1976, and
every 4 years thereafter, two county commissioners must be elected respectively
from two of the county commissioner election districts established pursuant to
this chapter.

2. At the general election in 1978, and
every 4 years thereafter, three county commissioners must be elected
respectively from three of the county commissioner election districts
established pursuant to this chapter.

3. The board of county commissioners
shall establish five county commissioner election districts which must be as
nearly equal in population as practicable.

practicable. If the county comprises no partial assembly
districts and a number of whole assembly districts that is evenly divisible by
the number of county commissioners, each county commissioner election district
must be composed of a number of contiguous and undivided assembly districts
equal to this quotient. Assembly district, as used in this subsection, means
one of the districts established by NRS 218.057.

Sec. 2. NRS 244.016 is
hereby amended to read as follows:

244.016 1. In each county [having a population of 250,000]whose population is 400,000 or more, the board of
county commissioners consists of seven members. Each member must be a resident
of, and elected by the registered voters of, a county commissioner election
district established pursuant to this chapter.

2. The board of county commissioners
shall establish seven county commissioner election districts which must be as
nearly equal in population as practicable, and each of which must be composed
entirely of contiguous territory and be as compact as possible.

Sec. 3. NRS 244.286 is
hereby amended to read as follows:

244.286 1. The board of county
commissioners of any county whose population is [250,000]400,000 or more may enter into an agreement with
a corporation incorporated to advance civic interests in a county, under the
provisions of NRS 81.350 to 81.400, inclusive, whereby the corporation agrees
to construct an athletic facility according to specifications adopted by the
board of county commissioners and thereupon enter into a lease-purchase
agreement with the board of county commissioners for that building or facility.

2. Any such board of county commissioners
may convey property to such a corporation where the purpose of the conveyance
is the entering into an agreement contemplated by subsection 1.

Sec. 4. NRS 244.345 is
hereby amended to read as follows:

244.345 1. Every natural
person, firm, association of persons or corporation wishing to engage in the
business of conducting a dancing hall, escort service, or gambling game or
device permitted by law, outside of an incorporated city, must:

(a) Make application to the license board of the
county in which the business is to be engaged in, for a county license of the
kind desired. The application must be in a form prescribed by the regulations
of the license board.

(b) File the application with the required
license fee with the county license collector, as provided in chapter 364 of
NRS, who shall present the application to the license board at its next regular
meeting.

The board, in counties [having
a population of]whose population is
less than [250,000,]400,000, may refer the petition to the sheriff, who
shall report upon it at the following regular meeting of the board. In counties
[having a population of 250,000]whose population is 400,000 or more, the board shall
refer the petition to the metropolitan police department. The department shall
conduct an investigation relating to the petition and report its findings to
the board at the [boards] next
regular meeting [.]of the board. The board shall at that meeting grant or
refuse the license prayed for or enter any other order consistent with its
regulations. Except in the case of an application for a license
to conduct a gambling game or device, the county license collector may grant a
temporary permit to an applicant, valid only until the next regular meeting of the
board.

license to conduct a gambling game or device, the county
license collector may grant a temporary permit to an applicant, valid only
until the next regular meeting of the board. In unincorporated towns and cities
governed under the provisions of chapter 269 of NRS, the license board has the
exclusive power to license and regulate the businesses mentioned in this
subsection.

2. The board of county commissioners, and
in [counties having a population of]a countywhose population
is less than [250,000,]400,000, the sheriff of that county constitute the
license board, and the county clerk or other person designated by the license
board is the clerk thereof, in the respective counties of this state.

3. The license board may, without further
compensation to the board or its clerk:

(a) Fix, impose and collect license fees upon
the businesses mentioned in this section.

(b) Grant or deny applications for licenses and
impose conditions, limitations and restrictions upon the licensee.

(d) Restrict, revoke or suspend licenses for
cause after hearing. In an emergency the board may issue an order for immediate
suspension or limitation of a license, but the order must state the reason for
suspension or limitation and afford the licensee a hearing.

4. The license board shall hold a hearing
before adopting proposed regulations, before adopting amendments to
regulations, and before repealing regulations relating to the control or
licensing of the businesses mentioned in this section. Notice of the hearing
must be published in a newspaper published and having general circulation in
the county at least once a week for a period of 2 weeks before the hearing.

5. Upon adoption of new regulations the
board shall designate their effective date, which may not be earlier than 15
days after their adoption. Immediately after adoption a copy of any new
regulations must be available for public inspection during regular business
hours at the office of the county clerk.

6. A majority vote of the members of the
license board present governs in the transaction of all business. A majority of
the members constitutes a quorum for the transaction of business.

7. Any natural person, firm, association
of persons or corporation who engages in any of the businesses mentioned in
this section without first having obtained the license and paid the license fee
as provided in this section is guilty of a misdemeanor.

8. In a county [having
a population of 250,000]whose population
is 400,000 or more, the license board shall not grant any license to a
petitioner for the purpose of operating a house of ill fame or repute or any
other business employing any person for the purpose of prostitution.

Sec. 5. NRS 244.350 is
hereby amended to read as follows:

244.350 1. The board of
county commissioners, and in [counties having a
population of]a county whose population
is less than [250,000,]400,000, the sheriff of the county constitute a liquor
board. The liquor board may, without further compensation, grant or refuse
liquor licenses, and revoke those licenses whenever there
is, in the judgment of a majority of the board, sufficient reason for
revocation.

those licenses whenever there is, in the judgment of a
majority of the board, sufficient reason for revocation. The board shall elect
a chairman from among its members.

2. The liquor board in each of the
several counties shall enact ordinances:

(a) Regulating the sale of intoxicating liquors
in their respective counties.

(b) Fixing the hours of each day during which
liquor may be sold or disposed of.

(c) Prescribing the conditions under which
liquor may be sold or disposed of.

(d) Prohibiting the employment or service of
minors in the sale or disposition of liquor.

(e) Prohibiting the sale or disposition of
liquor in places where, in the judgment of the board, the sale or disposition
may tend to create or constitute a public nuisance, or where by the sale or
disposition of liquor a disorderly house or place is maintained.

3. In [counties
having a population of 250,000]a county
whose population is 400,000 or more, the liquor board shall refer any
petition for a liquor license to the metropolitan police department. The
department shall conduct an investigation relating to the petition and report
its findings to the liquor board at the [boards]
next regular meeting [.]of the board.

4. All liquor dealers within any
incorporated city are exempt from the effect of this section, and are to be
regulated only by the government of that city.

5. The liquor board shall not deny a
license to a person solely because he is not a citizen of the United States.

Sec. 6. NRS 244.366 is
hereby amended to read as follows:

244.366 1. The board of
county commissioners of any county [having a
population of 250,000]whose population is
400,000 or more [shall have]has the power, outside of the limits of
incorporated cities and towns:

(a) To construct, acquire by gift, purchase or
the exercise of eminent domain, otherwise acquire, reconstruct, improve,
extend, better and repair water and sewer facilities, such as:

(1) A water system, including but not
limited to water mains, conduits, aqueducts, pipelines, ditches, canals,
pumping stations, and all appurtenances and machinery necessary or useful and
convenient for obtaining, transporting or transferring water.

(2) A water treatment plant, including but
not limited to reservoirs, storage facilities, and all appurtenances necessary
or useful and convenient thereto for the collection, storage and treatment,
purification and disposal of water for domestic uses and purposes.

(3) A storm sewer or sanitary sewer
collection system, including but not limited to intercepting sewers, outfall
sewers, force mains, collecting sewers, storm sewers, combined sanitary and
storm sewers, pumping stations, ejector stations, and all other appurtenances
necessary, useful or convenient for the collection, transportation and disposal
of sewage.

(4) A sewage treatment plant, including
but not limited to structures, buildings, machinery, equipment, connections and
all appurtenances necessary, useful or convenient for the treatment,
purification or disposal of sewage.

(b) To acquire, by gift, purchase or the
exercise of the right of eminent domain, lands or rights in land or water
rights in connection therewith, including but not limited to easements, rights
of way, contract rights, leases, franchises, approaches, dams and reservoirs.

(c) To operate and maintain those water
facilities, sewer facilities, lands, rights in land and water rights.

(d) To sell, lease, donate for public use and
otherwise dispose of those water facilities, sewer facilities, lands, rights in
land and water rights.

(e) To prescribe and collect rates, fees, tolls
or charges, including but not limited to the levy or assessments of such rates,
fees, tolls or charges against governmental units, departments or agencies,
including the State of Nevada and political subdivisions thereof, for the
services, facilities and commodities furnished by those water facilities and
sewer facilities, and to provide methods of collections, and penalties,
including but not limited to denial of service, for nonpayment of the rates,
fees, tolls or charges.

(f) To provide it is unlawful for any persons,
associations and corporations owning, occupying or in any way controlling any
building or other structure, any part of which is within 400 feet of any
street, alley, court, passageway, other public highway, right of way, easement
or other alley owned or occupied by the county in which a public sewer is then
in existence and use, to construct, otherwise acquire, to cause or permit to be
constructed or otherwise acquired, or to use or continue to use any private sewage
disposal plant, privy vault, septic tank, cesspool or other private sewage
system, upon such terms and conditions as the board of county commissioners may
provide.

(g) To provide for the disconnection of plumbing
facilities from any of those private sewage facilities and for the
discontinuance and elimination of those private sewage facilities.

2. The powers conferred by this section
are in addition and supplemental to, and not in substitution for, and the
limitations imposed by this section do not affect the powers conferred by, any
other law. No part of this section repeals or affects any other law or any part
thereof, it being intended that this section provide a separate method of
accomplishing its objectives, and not an exclusive one.

3. This section, being necessary to
secure and preserve the public health, safety and convenience and welfare, must
be liberally construed to effect its purpose.

4. Any person, association or corporation
violating any of the provisions of any ordinance adopted pursuant to this
section is guilty of a misdemeanor.

Sec. 7. NRS 244.3673 is
hereby amended to read as follows:

244.3673 The board of county
commissioners of any county whose population is [25,000]35,000 or more may provide by ordinance for the investigation
of fires in which a death has occurred or which are of a suspicious origin, and
for the enforcement of regulations adopted by the state fire marshal.

Sec. 8. NRS 244A.457 is
hereby amended to read as follows:

244A.457 NRS 244A.455 to 244A.573,
inclusive, applies to any county [having a
population of 250,000]whose population is
400,000 or more.

244A.601 1. In any county [having a population of]whose population is 100,000 or more, and less than [250,000,]400,000,
the county fair and recreation board consists of 11 members who are appointed
as follows:

(a) Two members [,]
by the board of county commissioners.

(b) Two members [,]
by the governing body of the largest incorporated city in the county.

(c) One member [,]
by the governing body of the next largest incorporated city in the county.

(d) Except as provided in subsection 2, six
members [,] by the members
appointed pursuant to paragraphs (a), (b) and (c), from a list of at least one
nominee for each position submitted by the chamber of commerce of the largest
incorporated city in the county. If the members entitled to vote find the
nominees on the list unacceptable, they [shall]must request a new list of at least one nominee
for each position. The members entitled to vote shall select:

(1) One member who is a representative of
airlines.

(2) One member who is a representative of
motel operators.

(3) One member who is a representative of
banking or other financial interests.

(4) One member who is a representative of
other business or commercial interests.

(5) Two members of the association of
gaming establishments whose membership collectively paid the most gross revenue
fees to the state pursuant to NRS 463.370 in the county in the preceding year.
If there is no such association, the two appointed members must be representative
of gaming.

2. The terms of members appointed
pursuant to paragraphs (a), (b) and (c) of subsection 1 are coterminous with
their terms of office. The members appointed pursuant to paragraph (d) of
subsection 1 must be appointed for 2-year terms. Any vacancy occurring on the
board must be filled by the authority entitled to appoint the member whose
position is vacant. Each member appointed pursuant to paragraph (d) of
subsection 1 may succeed himself only once.

3. If a member ceases to be engaged in
the business or occupation which he was appointed to represent, he ceases to be
a member, and another person engaged in that business or occupation must be
appointed for the unexpired term.

4. Any member appointed by the board of
county commissioners or a governing body of a city [shall]must be a member of the appointing board or body.

Sec. 10. NRS 244A.603 is
hereby amended to read as follows:

244A.603 1. In any county
whose population is [250,000]400,000 or more, the county fair and recreation board
consists of 11 members selected as follows:

(a) Two members by the board of county
commissioners from their own number.

(b) Two members by the governing body of the
largest incorporated city in the county from their own number.

(c) One member by the governing body of the
second largest incorporated city in the county from their own number.

(d) One member by the governing body of one of
the other incorporated cities in the county from their own number.

(e) Five members to be appointed by the members
selected pursuant to paragraphs (a), (b), (c) and (d). These members must be
selected from a list of nominees submitted by the chamber of commerce of the
largest incorporated city in the county. If the nominees so listed are
unsatisfactory to the members making the selection, they may, until satisfied,
request additional lists of nominees. The members must be selected as follows:

(1) Three members who are representatives
of the resort hotel business, at least one of whom is engaged in that business
in the central business district of the largest city;

(2) One member who is a representative of
motel operators; and

(3) One member who is a representative of
other commercial interests.

2. In order to determine which of the
incorporated cities in the county is entitled to the representative provided in
paragraph (d) of subsection 1, the board of county commissioners shall at its
first meeting after May 1, 1967, draw lots to determine which city will be
first represented, which next, and so on. The city first drawn is entitled to
representation until July 1, 1968, and each city is entitled thereafter to
representation for 1 year, in its proper turn as determined by the original
drawing, until July 1, 1975. Commencing July 1, 1975, the city then entitled to
representation on the board is entitled to representation for 2 years, and
thereafter each city is entitled to representation for 2 years in its proper
turn as determined by the original drawing.

3. Any vacancy occurring on a county fair
and recreation board must be filled by the authority entitled to appoint the
member whose position is vacant.

4. After the initial appointments of members
appointed pursuant to paragraph (e) of subsection 1, all members must be
appointed for 2-year terms. If any such member ceases to be engaged in the
business sector which he was appointed to represent, he ceases to be a member,
and another person engaged in that business must be appointed to fill the
unexpired term. Any such member may succeed himself.

5. The terms of members appointed
pursuant to paragraphs (a), (b) and (c) of subsection 1 are coterminous with
their terms of office. Any such member may succeed himself.

Sec. 11. NRS 244A.605 is
hereby amended to read as follows:

244A.605 1. Whenever a
vacancy occurs among the members of any county fair and recreation board by
reason of resignation, death, expiration of a members elected term of office,
an increase in population, or otherwise, the vacancy must be filled by the
board of county commissioners, in case of county members, and by the chief
executive with the approval of the legislative body of the city, in case of
city members.

2. Except as otherwise provided in
subsection 3, during January of each odd-numbered year, each county fair and
recreation board in this state shall reorganize by electing the officers
designated in subsection 1 of NRS 244A.611.

3. During July of each even-numbered
year, each county fair and recreation board in any county whose population is
100,000 or more, but less than [250,000,]400,000, shall reorganize by electing the
officers designated in subsection 1 of NRS 244A.611.

4. The officers elected pursuant to
subsections 2 and 3 hold office for the ensuing biennium, or until their
successors are elected and qualified. Any vacancy among such officers occurring
between biennial elections must be filled by the county fair and recreation
board to serve out the unexpired term of his predecessor.

Sec. 12. NRS 244A.625 is
hereby amended to read as follows:

244A.625 In any county [having a population of]whose population is 100,000 or more and less than [250,000,]400,000,
the county fair and recreation board may at any time appropriate and authorize
the expenditure of money derived from any source and under the jurisdiction of
the board for recreational facilities as described in NRS 244A.597, regardless
of any limitations in any transfer to the board of the proceeds of any license
taxes or other money initially caused to be collected by any political
subdivision, but subject to any contractual limitations pertaining to money so
appropriated and subject to any existing appropriations and any other
encumbrances on that money to meet obligations existing when the appropriation
is made, accrued or not accrued and determinable or contingent.

Sec. 13. NRS 244A.627 is
hereby amended to read as follows:

244A.627 Notwithstanding any other
provision of law, no county fair and recreation board in a county [having a population of]whose population is 100,000 or more and less than [250,000]400,000
may acquire, purchase, lease, sell, or dispose of any real property or engage
in any other transaction relating to real property without prior approval of
the board of county commissioners.

Sec. 14. NRS 244A.653 is
hereby amended to read as follows:

244A.653 [No
county having a population of 250,000]A
county whose population is 400,000 or more [may
ever]shall not become indebted for
those county recreational purposes under the provisions of NRS 244A.597 to
244A.655, inclusive, by the issuance of general obligation bonds and other
general obligation securities ,[(] other than any notes or warrants
maturing within 1 year from the respective dates of their issuance ,[),] but
excluding any outstanding revenue bonds, special assessment bonds or other
special obligation securities, and excluding any outstanding general obligation
notes and warrants, exceeding 5 percent of the total last assessed valuation of
the taxable property in the county .[; and no such county may ever]A county whose population is 400,000 or more shall not
become indebted in an amount exceeding 10 percent of that valuation by the
issuance of any general obligation securities ,[(] other than any such notes or warrants
,[),]
but excluding any outstanding special obligation securities and excluding any
outstanding general obligation notes and warrants.

Sec. 15. NRS 244A.655 is
hereby amended to read as follows:

244A.655 [No
county having a population of]A county
whose population is less than [250,000 may
ever]400,000 shall not become
indebted for those county recreational purposes under the provisions of NRS
244A.597 to 244A.655, inclusive, by the issuance of general obligation bonds
and other general obligation securities , [(] other than
any notes or warrants maturing within 1 year from the respective dates of their
issuance , [),] but excluding any outstanding revenue bonds, special assessment
bonds [,] or other special obligation securities, and excluding any outstanding
general obligation notes and warrants, exceeding 3 percent of the total last
assessed valuation of the taxable property in the county .

general obligation securities ,[(] other than any notes or
warrants maturing within 1 year from the respective dates of their issuance ,[),] but
excluding any outstanding revenue bonds, special assessment bonds [,] or other special obligation
securities, and excluding any outstanding general obligation notes and
warrants, exceeding 3 percent of the total last assessed valuation of the
taxable property in the county .[; and no such county may ever]A county whose population is less than 400,000 shall not
become indebted in an amount exceeding 10 percent of that valuation by the
issuance of any general obligation securities ,[(] other than any such notes or warrants
,[),]
but excluding any outstanding special obligation securities and excluding any
outstanding general obligation notes and warrants.

Sec. 16. NRS 244A.767 is
hereby amended to read as follows:

244A.767 1. The board in any
county whose population is [250,000]400,000 or more, shall, by ordinance, create a
taxing district to establish a system to provide a telephone number to be used
in an emergency if the question for the funding of the system has been approved
by the voters of that county.

2. The boundary of the district:

(a) Must be defined in the ordinance;

(b) May not include any part of an incorporated
city unless the governing body of the city petitions the board for inclusion in
the district; and

(c) May include only the area served by the
system.

3. The board may delegate the operation of
the system to a metropolitan police department, if one has been established in
the county.

Sec. 17. (Deleted by
amendment.)

Sec. 18. NRS 254.010 is
hereby amended to read as follows:

254.010 The board of county commissioners
of any county in this state [having a population
of not less than 5,000 is authorized to]whose
population is 6,000 or more may appoint a county engineer and [to] fix his compensation.

Sec. 19. NRS 256.010 is
hereby amended to read as follows:

256.010 The board of county commissioners
of any county in this state [having a population
of 15,000]whose population is 25,000
or more [is empowered:

1. To employ]may:

1. Employ a
county statistician.

2. [To fix]Fix his salary in such a
sum as the board [may deem]deems just and proper. The salary [shall]must
be paid from the general fund of the county when approved and audited as
required by law.

Sec. 20. NRS 258.010 is
hereby amended to read as follows:

258.010 1. Except as otherwise provided in subsections 2, 3 and 4:

(a) Constables shall be elected by the qualified
electors of their respective townships.

(b) The constables of the several townships of
the state shall be chosen at the general election of 1966, and shall enter upon
the duties of their offices on the [1st]first Monday of January next succeeding their
election, and shall hold their offices for the term of 4 years thereafter,
until their successors are elected and qualified.

(c) Constables shall receive certificates of
election from the boards of county commissioners of their respective counties.

2. In any county which includes [but]only
one township, the board of county commissioners may, by resolution, appoint the
sheriff ex officio constable to serve without additional compensation. The
resolution [shall]must not become effective until the completion of the
term of office for which a constable may have been elected.

3. In all counties [having a population of]whose population is less than 100,000, if the board of
county commissioners determines that the office of constable is not necessary
in one or more townships within the county, it may by ordinance abolish the
office of constable in those townships. For any township in which the office of
constable has been abolished, the board of county commissioners may by
resolution appoint the sheriff ex officio constable to serve without additional
compensation.

4. In any county [having
a population of 250,000]whose population
is 400,000 or more, if the board of county commissioners determines that
the office of constable is not necessary in one or more townships within the
county, it may by ordinance abolish the office in those townships, but the
abolition does not become effective as to any particular township until the
constable incumbent on May 28, 1979, does not seek, or is defeated for,
reelection. For any township in which the office of constable has been abolished,
the board of county commissioners may by resolution appoint the sheriff ex
officio constable to serve without additional compensation.

Sec. 21. NRS 4.215 is hereby
amended to read as follows:

4.215 A justice of the peace in a
township [having a population of]whose population is more than [60,000]75,000 may not act as attorney or counsel in any
court except in an action or proceeding to which he is a party on the record.

Sec. 22. NRS 4.350 is hereby
amended to read as follows:

4.350 1. Except as otherwise
provided in subsection 5, the county clerk, with the approval of the board of
county commissioners, may appoint a deputy clerk for the justices court upon
the recommendation of the justice of the peace. The compensation of a clerk so
appointed must be fixed by the board of county commissioners.

2. The deputy clerk shall take the
constitutional oath of office and give bond in the sum of $2,000 for the
faithful discharge of the duties of the office, and in the same manner as is
required of other officers of the township and county. The county clerk is not
personally liable, on his official bond or otherwise, for the acts of a deputy
clerk appointed pursuant to this section.

3. The deputy clerk may administer oaths,
take and certify affidavits and acknowledgments, issue process, enter suits on
the docket, and do all clerical work in connection with the keeping of the
records, files and dockets of the court, and shall perform [such]any
other duties in connection with the office as the justice of the peace
prescribes.

4. Except as otherwise provided in
subsection 5, where there is more than one justice of the peace serving in any
township, the county clerk may, with the approval of the board of county
commissioners, appoint a second deputy who shall comply with the requirements
of subsection 2 and has the powers and duties prescribed in subsection 3.

5. In a county whose population is [250,000]400,000
or more, the board of county commissioners may appoint a deputy clerk for a
justices court upon the recommendation of the justice of the peace. If there
is more than one justice of the peace serving in any township, the board may
appoint one or more additional deputy clerks.

6. If no deputy clerk is appointed for a
township, the justice of the peace shall be deemed to be the deputy clerk of
the court.

Sec. 22.5. NRS 19.033 is
hereby amended to read as follows:

19.033 1. In a county whose
population is [250,000]400,000 or more, on the commencement of any action for
divorce in the district court, the county clerk shall charge and collect, in
addition to other fees required by law, a fee of $15. The fee must be paid by
the party commencing the action.

2. On or before the first Monday of each
month, the county clerk shall pay over to the county treasurer an amount equal
to all fees collected by him pursuant to subsection 1, and the county treasurer
shall place that amount to the credit of the state general fund. Quarterly, the
county treasurer shall remit all money so collected to the state treasurer, who
shall place the money in an account in the state general fund for use by the
director of the state job training office or, if the office is abolished by
executive order, a person appointed by the governor who has experience in
training persons to obtain and maintain employment, to administer the
provisions of sections 2 to 7, inclusive, of [this
act.]Senate Bill No. 237 of this session.

3. The board of county commissioners of
any county may impose by ordinance an additional filing fee of not more than $5
to be paid by the defendant in an action for divorce, annulment or separate
maintenance. In a county where this fee has been imposed:

(a) On the appearance of a defendant in the
action in the district court, the county clerk, in addition to any other fees
provided by law, shall charge and collect from the defendant the prescribed fee
to be paid upon the filing of the first paper in the action by the defendant.

(b) On or before the fifth day of each month,
the county clerk shall account for and pay to the county treasurer all fees
collected during the preceding month pursuant to paragraph (a).

Sec. 23. NRS 50.325 is
hereby amended to read as follows:

50.325 1. If a person is
charged with an offense punishable pursuant to chapter 453 or 484 of NRS or
homicide resulting from driving a vehicle while under the influence of
intoxicating liquor, a controlled substance or a chemical, poison or organic
solvent, and it is necessary to prove:

(a) The existence of any alcohol;

(b) The quantity of a controlled substance; or

(c) The existence or identity of a controlled
substance, chemical, poison or organic solvent,

the prosecuting attorney may request that the affidavit of
an expert or other person described in NRS 50.315 be admitted in evidence at
the trial or preliminary hearing concerning the offense.

2. The request must be made at least 10
days before the date set for the trial or preliminary hearing and must be sent
to the defendants counsel and to the defendant, by registered or certified
mail by the prosecuting attorney.

3. If the defendant or his counsel
notifies the prosecuting attorney by registered or certified mail at least 96
hours before the date set for the trial or preliminary hearing that the presence
of the expert or other person is demanded, the affidavit must not be admitted.
A defendant who demands the presence of the expert or other person and is
convicted of violating NRS 484.379 or a provision of chapter 484 of NRS for
which a drivers license may be revoked shall pay the fees and expenses of that
witness at the trial or preliminary hearing.

4. If at the trial or preliminary hearing
the affidavit of an expert or other person has been admitted in evidence, and
it appears to be in the interest of justice that the expert or other person be
examined or cross-examined in person, the judge or justice of the peace may
adjourn the trial or hearing for a period of not to exceed 3 judicial days to
receive the testimony. Should 3 judicial days not be sufficient in a county
whose population is less than [25,000]35,000 to provide the presence of the expert or
other person to be examined or cross-examined, the judge, justice of the peace
or hearing officer may extend the period of adjournment for a period not
exceeding 10 days. The time within which a preliminary hearing or trial is
required is extended by the time of the adjournment.

Sec. 24. NRS 62.040 is
hereby amended to read as follows:

62.040 1. Except as
otherwise provided in this chapter, the court has exclusive original
jurisdiction in proceedings:

(a) Concerning any child living or found within
the county who is in need of supervision because he:

(1) Is a child who is subject to
compulsory school attendance and is an habitual truant from school;

(2) Habitually disobeys the reasonable
and lawful demands of his parents, guardian, or other custodian, and is
unmanageable; or

(3) Deserts, abandons or runs away from
his home or usual place of abode,

and is in need of care or rehabilitation. The child must not
be considered a delinquent.

(b) Concerning any child living or found within
the county who has committed a delinquent act. A child commits a delinquent act
if he:

(1) Commits an act designated a crime
under the law of the State of Nevada except murder or attempted murder or any
related crime arising out of the same facts as the murder or attempted murder,
or violates a county or municipal ordinance or any rule or regulation having
the force of law; or

(2) Violates the terms or conditions of
an order of court determining that he is a child in need of supervision.

(c) Concerning any child in need of commitment
to an institution for the mentally retarded.

2. This chapter does not deprive
justices courts and municipal courts in any county [having
a population of 250,000]whose population
is 400,000 or more of original jurisdiction to try juveniles charged
with minor traffic violations but:

(a) The restrictions set forth in subsection 3
of NRS 62.170 are applicable in those proceedings; and

(b) Those justices courts and municipal courts
may, upon adjudication of guilt of the offenses, refer any juvenile to the
juvenile court for disposition if the referral is deemed in the best interest
of the child and where the minor is unable to pay the fine assessed or there
has been a recommendation of imprisonment.

In all other cases prior consent of the judge of the
juvenile division is required before reference to the juvenile court may be
ordered. Any child charged in a justices court or municipal court pursuant to
this subsection must be accompanied at all proceedings by a parent or legal
guardian.

Sec. 25. NRS 62.180 is
hereby amended to read as follows:

62.180 1. Provision must be
made for the temporary detention of children in a detention home to be
conducted as an agency of the court or in some other appropriate public
institution or agency ,[;]
or the court may arrange for the care and custody of such children temporarily
in private homes subject to the supervision of the court, or may arrange with
any private institution or private agency to receive for temporary care and
custody children within the jurisdiction of the court.

2. Except as provided in this subsection [,]and subject to
the provisions of this chapter, any county may provide, furnish and
maintain at public expense a building suitable and adequate for the purpose of
a detention home for the temporary detention of children .[, subject to the
provisions of this chapter. In counties having a population of 20,000]In a county whose population is 35,000 or more,
the boards of county commissioners shall provide the detention facilities. Two
or more counties, without regard to their respective populations, may provide a
combined detention home under suitable terms agreed upon between the respective
boards of county commissioners and the judges of the juvenile court regularly
sitting in the judicial districts covering the counties.

3. Any detention home, built and
maintained under this chapter, must be constructed and conducted as nearly like
a home as possible, and shall not be deemed to be or treated as a penal
institution .[,
nor, in counties having a population of 20,000]In a county whose population is 35,000 or more, [may it]a
detention home built and maintained under this chapter must not be
adjoining or on the same grounds as a prison, jail or lockup.

Sec. 26. NRS 217.410 is
hereby amended to read as follows:

217.410 In [counties
having a population of 250,000]a county
whose population is 400,000 or more, the administrator of the division
shall allocate 15 percent of all money granted to organizations in the county
from the account for aid for victims of domestic violence to an organization in
the county which has been specifically created to assist victims of rape. The
administrator of the division has the final authority in determining whether an
organization may receive money pursuant to this subsection. Any organization
which receives money pursuant to this subsection shall furnish reports to the
administrator of the division as required by NRS 217.460. To be eligible for
this money, the organization must receive at least 15 percent of its money from
sources other than the Federal Government, the state, any local government or
other public body or their instrumentalities. Any goods or services which are
contributed to the organization may be assigned their reasonable monetary value
for the purpose of complying with this requirement.

217.450 1. The commission on
mental health and mental retardation shall advise the administrator of the
division concerning the award of grants from the account for aid for victims of
domestic violence.

2. The administrator of the division
shall give priority to those applications from organizations which offer the
broadest range of services for the least cost within one or more counties. The
administrator shall not approve the use of money from a grant to acquire any
buildings.

3. The administrator of the division has
the final authority to approve or deny an application for a grant. The
administrator shall notify each applicant in writing of the action taken on its
application within 45 days after the deadline for filing [such an]the
application.

4. In determining the amount of money to
be allocated for grants, the administrator of the division shall use the
following formula:

(a) A basic allocation of $7,000 must be made to
provide services for residents of each county whose population is less than
100,000. For counties whose population is 100,000 or more, the basic allocation
is $35,000. These allocations must be increased or decreased for each fiscal
year ending after June 30, 1990, by the same percentage that the amount
deposited in the account during the preceding fiscal year, pursuant to NRS
122.060, is greater or less than the sum of $791,000.

(b) Any additional revenue available in the
account must be allocated to grants, on a per capita basis, for all counties
whose population [exceeds 14,000.]is 25,000 or more.

(c) Money remaining in the account after
disbursement of grants does not revert and may be awarded in a subsequent year.

Sec. 28. NRS 231.040 is
hereby amended to read as follows:

231.040 1. The commission on
economic development is composed of the lieutenant governor, who is its
chairman, and six members who are appointed by the governor.

2. The governor shall appoint as members
of the commission persons who have proven experience in economic development
which was acquired by them while engaged in finance, manufacturing, mining,
agriculture, the field of transportation, or in general business other than
tourism or gaming.

3. The governor shall appoint at least
one member who is a resident of:

(a) Clark County.

(b) Washoe County.

(c) A county whose population is [18,000]24,000
or less.

Sec. 29. NRS 231.067 is
hereby amended to read as follows:

231.067 The commission on economic
development shall:

1. Develop a state plan for industrial
development and diversification.

2. Promote, encourage and aid the
development of commercial, industrial, agricultural, mining and other vital
economic interests of this state, except for travel and tourism.

3. Identify sources of financing and
assist businesses and industries which wish to locate in Nevada in obtaining
financing.

4. Provide and administer grants of money
to political subdivisions of the state and to local or regional organizations
for economic development to assist them in promoting the
advantages of their communities and in recruiting businesses to relocate in
those communities.

assist them in promoting the advantages of their communities
and in recruiting businesses to relocate in those communities. Each recipient
must provide an amount of money, at least equal to the grant, for the same
purpose, except, in a county whose population is less than [18,000,]24,000,
the commission may, if convinced that the recipient is financially unable to do
so, provide such a grant with less than equal matching money provided by the
recipient.

5. Encourage and assist state, county and
city agencies in planning and preparing projects for economic or industrial
development and financing those projects with revenue bonds.

6. Coordinate and assist the activities
of counties, cities, local and regional organizations for economic development
and fair and recreation boards in the state which affect industrial
development, except for travel and tourism.

7. Arrange by cooperative agreements with
local governments to serve as the single agency in the state where relocating
or expanding businesses may obtain all required permits.

8. Promote close cooperation between
public agencies and private persons who have an interest in industrial
development and diversification in Nevada.

9. Organize and coordinate the activities
of a group of volunteers which will aggressively select and recruit businesses
and industries, especially small industries, to locate their offices and
facilities in Nevada.

Sec. 30. NRS 231.170 is
hereby amended to read as follows:

231.170 1. The commission on
tourism is composed of the lieutenant governor, who is its chairman, and six
members who are appointed by the governor.

2. The governor shall appoint as members
of the commission persons who are informed on and have experience in travel and
tourism, including the business of gaming.

3. The chief administrative officers of
county fair and recreation boards of counties [having
a population of]whose population is
100,000 or more are ex officio but nonvoting members of the commission.

4. The governor shall appoint at least
one member who is a resident of:

(a) Clark County.

(b) Washoe County.

(c) A county whose population is [18,000]24,000
or less.

Sec. 31. NRS 231.260 is
hereby amended to read as follows:

231.260 The commission on tourism,
through its division of tourism, shall:

1. Promote this state so as to increase
the number of domestic and international tourists.

2. Promote special events which are
designed to increase [such]
tourism.

3. Develop a state plan to promote travel
and tourism in Nevada.

4. Develop a comprehensive program of
marketing and advertising, for both domestic and international markets, which
publicizes travel and tourism in Nevada in order to attract more visitors to
this state or lengthen their stay.

5. Provide and administer grants of money
or matching grants to political subdivisions of the state, to fair and
recreation boards, and to local or regional organizations which promote travel
and tourism, to assist them in:

(a) Developing local programs for marketing and
advertising which are consistent with the state plan.

(b) Promoting specific events and attractions in
their communities.

(c) Evaluating the effectiveness of the local
programs and events.

Each recipient must provide an amount of money, at least
equal to the grant, for the same purpose, except, in a county whose population
is less than [18,000,]35,000, the commission may, if convinced that the
recipient is financially unable to do so, provide [such]
a grant with less than equal matching money provided by the recipient.

6. Coordinate and assist the programs of
travel and tourism of counties, cities, local and regional organizations for
travel and tourism, fair and recreation boards and transportation authorities
in the state. Local governmental agencies which promote travel and tourism
shall coordinate their promotional programs with those of the commission.

7. Encourage cooperation between public
agencies and private persons who have an interest in promoting travel and
tourism in Nevada.

8. Compile or obtain by contract, keep
current and disseminate statistics and other marketing information on travel
and tourism in Nevada.

9. Prepare and publish, with the
assistance of the division of publications, brochures, travel guides,
directories and other materials which promote travel and tourism in Nevada.

Sec. 32. NRS 268.048 is
hereby amended to read as follows:

268.048 1. The governing
body of a city located in a county whose population is less than [9,000,]11,000,
upon making a finding pursuant to a public hearing that a city industrial park
is necessary to meet the needs of the city, and that no private enterprise has
presented an acceptable proposal for industrial development, may develop a plan
and establish requirements for the:

(a) Acquisition, sale or lease of real property
by the city for industrial development; and

(b) Design, engineering and construction of
industrial developments.

2. The governing body shall:

(a) Give notice of its intention by publication
at least once in a newspaper of general circulation published in the city, or
if there is no such newspaper then in a newspaper of general circulation in the
city published in the state; and

(b) Hold its public hearing not less than 10 nor
more than 20 days after the date of publication of the notice.

3. The governing body may grant an option
to purchase property designated for industrial development. The duration of the
option must not exceed 3 years but afterward the governing body may extend it
year by year. Any attempted assignment of [such
an]the option, whether contractual
or effected by operation of law, is void. Upon its execution, the option must
immediately be recorded by the governing body with the county recorder.

4. After review by the planning
commission, a member of the governing body or the purchaser or lessee of the
property shall present the proposed plan for an industrial development to the
governing body.

5. The governing body shall, after a
public hearing, approve or reject the proposed plan.

268.570 The provisions of NRS 268.570 to
268.608, inclusive, apply only to cities located in [counties
having a population of 250,000]a county
whose population is 400,000 or more.

Sec. 34. NRS 268.610 is
hereby amended to read as follows:

268.610 1. The provisions of
NRS 268.610 to 268.670, inclusive, apply only to cities located in [counties having a population of] a county whose population is less than [250,000.]400,000.

2. The provisions of NRS 268.610 to
268.670, inclusive, except NRS 268.663, do not apply to any city specified in
subsection 1 whose charter provides specifically for the creation of an
annexation commission to serve the city.

Sec. 35. NRS 268.626 is
hereby amended to read as follows:

268.626 There is hereby created, in each
county of the state [having a population of]whose population is 100,000 or more and less than
[250,000,]400,000,
a city annexation commission which consists of members to be selected as
follows:

1. Two members representing the county,
one of whom [shall]must be the chairman of the board of county
commissioners and the other a member of the board to be chosen by the board.

2. One member representing each city, who
[shall]must
be a member of the governing body to be chosen by the governing body.

3. If the provisions of subsections 1 and
2 result in an even number of members, one member [shall]must be added who is a resident owner of real
property in the county chosen by the members of the commission already
selected. If at the expiration of 90 days after the end of the month in which
commission members are to be selected, as provided in NRS 268.628, no
additional member has been chosen, the governor [shall]must appoint some person qualified as provided in
this subsection.

Sec. 36. NRS 268.767 is
hereby amended to read as follows:

268.767 1. If any
incorporated city in a county whose population is [250,000]400,000 or more is not a part of a district
established pursuant to NRS 244A.765 to 244A.777, inclusive, the council for
that city [shall,]must, by ordinance, create a taxing district to
establish within the incorporated area of that city a system to provide a
telephone number to be used in an emergency if the question for the funding of
the system has been approved by the voters of that city.

2. The boundary of the district:

(a) Must be defined in the ordinance; and

(b) May include only the area served by the
system.

Sec. 37. NRS 269.576 is
hereby amended to read as follows:

269.576 1. The board of
county commissioners of any county [having a
population of 250,000]whose population is
400,000 or more shall, in each ordinance which establishes an
unincorporated town pursuant to NRS 269.500 to 269.625, inclusive, provide for:

(a) Appointment by the board of county commissioners
of three or five qualified electors who are residents of the unincorporated
town to serve as the town advisory board.

(b) Terms for members of the town advisory
board, which must expire on the first Monday in January of each odd-numbered
year.

(c) Removal of a member of the town advisory
board if the board of county commissioners finds that his removal is in the
best interest of the residents of the unincorporated town, and for appointment
of a member to serve the unexpired term of the member so removed.

[(d)]2. The duties of the town advisory board [, which] are to:

[(1)](a) Assist the board of county commissioners
in governing the unincorporated town by acting as liaison between the residents
of the town and the board of county commissioners; and

[(2)](b) Advise the board of county
commissioners on matters of importance to the unincorporated town and its
residents.

[2.]3. The board of county commissioners may
provide by ordinance for compensation for the members of the town advisory
board.

Sec. 38. NRS 269.577 is
hereby amended to read as follows:

269.577 1. The board of
county commissioners of any county whose population is less than [250,000]400,000
shall, in each ordinance which establishes an unincorporated town pursuant to
NRS 269.500 to 269.625, inclusive, provide for:

(a) The appointment by the board of county
commissioners or the election by the people of three or five qualified electors
who are residents of the unincorporated town to serve as the town advisory
board.

(b) The removal of a member of the town advisory
board if the board of county commissioners finds that his removal is in the
best interest of the residents of the unincorporated town, and for appointment
of a member to serve the unexpired term of the member so removed.

2. The board of county commissioners may
provide by ordinance for compensation for the members of the town advisory
board.

3. The duties of the town advisory board [,] are to:

(a) Assist the board of county commissioners in
governing the unincorporated town by acting as liaison between the residents of
the town and the board of county commissioners; and

(b) Advise the board of county commissioners on
matters of importance to the unincorporated town and its residents.

Sec. 39. NRS 269.578 is
hereby amended to read as follows:

269.578 1. The board of
county commissioners of any county whose population is less than [250,000]400,000
shall appoint members for an appointive town advisory board which is created
after June 30, 1983, to initial terms as follows:

(a) For a three-member board:

(1) One member for a term of no more than
1 year; and

(2) Two members for terms of more than 1
year but no more than 2 years.

Each term must end on the first Monday in January of the
appropriate year.

(b) For a five-member board:

(1) Two members for terms of no more than
1 year; and

(2) Three members for terms of more than
1 year but not more than 2 years.

Each term must end on the first Monday in January of the
appropriate year.

2. As the initial terms expire, the board
of county commissioners shall appoint members for terms of 2 years thereafter.

3. If the town board is made elective
after June 30, 1983, the ordinance creating it must provide for the division of
the first elected board by lot into two classes whose terms will correspond to
those provided in subsection 1.

Sec. 40. NRS 269.650 is
hereby amended to read as follows:

269.650 In a county whose population is
less than [250,000,]400,000, those areas, including subdivisions, which are
adjacent or contiguous to an unincorporated town [having
a]whose population is less than 25,000, and which require substantially
all of the services described in NRS 269.575, may be annexed by the
unincorporated town by ordinance adopted by the town board or the board of
county commissioners. The ordinance must contain a provision requiring that the
town boundary be surveyed, mapped, platted and so enlarged as to include the
area to be annexed. Upon filing of the plat or map of the town, including the
area annexed, it constitutes the legal boundary of the town.

Sec. 41. NRS 271.3695 is
hereby amended to read as follows:

271.3695 1. In a county
whose population is more than 100,000 but less than [250,000,]400,000, on or before June 30 of each year after
the levy of an assessment within an improvement district located in a
redevelopment area selected pursuant to NRS 279.524 to pay, in whole or in
part, the costs and expenses of constructing or substantially reconstructing a project,
the governing body may prepare and approve and estimate of the expenditures
required during the ensuing year for the extraordinary maintenance, repair and
improvement of the project.

2. The governing body may adopt a
resolution, after a public hearing, determining to levy and collect in any year
upon and against all of the assessable property within the district a special
assessment sufficient to raise a sum of money not to exceed the amount
estimated pursuant to subsection 1 for the extraordinary maintenance, repair
and improvement of the project. Notice of the hearing must be given, and the
hearing conducted, in the manner specified in NRS 271.305.

3. The special assessment must be levied,
collected and enforced at the same time, in the same manner, by the same
officers and with the same interest and penalties as other special assessments
levied pursuant to this chapter. The proceeds of the assessment must be placed
in a separate fund of the municipality and expended only for the extraordinary maintenance,
repair or improvement of the project.

4. As used in this section,
extraordinary maintenance, repair and improvement includes all expenses
ordinarily incurred not more than once every 5 years to keep the project in a
fit operating condition. Expenses which are ordinarily incurred more than once
every 5 years may be included only if the governing body expressly finds that
the expenses must be incurred in order to maintain the level of benefit to the
assessed parcels and that the level of benefit would otherwise decline more
rapidly than usual because of special circumstances relating to the project for
which the assessment is levied, including its use, location or operation and
other circumstances. If the governing body makes such a finding, a statement of
that finding must be included in the notice given pursuant to subsection 2.

278.030 1. The governing
body of each city and of each county [having not
less than 15,000]whose population
is 25,000 or more shall create by ordinance a
planning commission to consist of seven members.

2. Cities and counties [of]whose
population is less than [15,000 population]25,000 may create by ordinance a planning
commission to consist of seven members. If the governing body of any city or of
any county [of]whose population is less than [15,000
population]25,000 deems the
creation of a planning commission unnecessary or inadvisable, the governing
body may, in lieu of creating a planning commission as provided in this
subsection, perform all the functions and have all of the powers which would
otherwise be granted to and be performed by the planning commission.

Sec. 43. NRS 278.040 is
hereby amended to read as follows:

278.040 1. The members of
the planning commission are appointed by the chief executive officer of the
city, or in the case of a county by the chairman of the board of county
commissioners, with the approval of the governing body. The members shall not
be members of the governing body of the city or county. The majority of the
members of the county planning commission in any county [of
over 250,000]whose population is 400,000 or more must reside within the
unincorporated area of the county.

2. In Carson City, the members of the
planning commission established as provided in NRS 278.030 are appointed by the
mayor from the city at large, with the approval of the board of supervisors.

3. The governing body may provide for
compensation to its planning commission in an amount of not more than $40 per
meeting of the commission, with a total of not more than $200 per month, and
may provide travel expenses and subsistence allowances for the members in the
same amounts as are allowed for other officers and employees of the county or
city.

4. The term of each member is 4 years, or
until his successor takes office.

5. Members may be removed, after public
hearing, by a majority vote of the governing body for inefficiency, neglect of
duty or malfeasance of office.

6. Vacancies occurring otherwise than
through the expiration of term must be filled for the unexpired term.

Sec. 44. NRS 278.255 is hereby
amended to read as follows:

278.255 1. In any county [which has a population of]whose population is less than [250,000]400,000 or any city within such a county, the
zoning ordinance must provide that a structure which exists and is nonconforming
when the ordinance is adopted, and which is subsequently destroyed or removed
from the property, may be replaced by:

(a) A structure appropriate to the same use
within a reasonable time established by the governing body of the city or
county; or

(b) A structure of a conforming use.

2. This section does not apply to any
property:

(a) Whose boundary is adjusted on or after June
14, 1981.

(b) From which a structure has been removed
through condemnation.

Sec. 45. NRS 278.345 is
hereby amended to read as follows:

278.345 Whenever any subdivider proposes
to subdivide any lands within an incorporated city in a county [having a population of 250,000]whose population is 400,000 or more, which does not
have a regional planning commission, the city planning commission
or governing body shall file a copy of the subdividers tentative map of the
proposed subdivision with the county planning commission.

commission, the city planning commission or governing body
shall file a copy of the subdividers tentative map of the proposed subdivision
with the county planning commission. [The]Within 30 days after the map is filed, the county
planning commission shall [have not to exceed 30
days time for]take action on the
map and report to the governing body of the city in which the subdivision is
situated. The planning commission or governing body of the city shall take into
consideration the report of the county planning commission before approving the
tentative map of any subdivision.

Sec. 46. NRS 278.564 is
hereby amended to read as follows:

278.564 1. Any deed
restrictions in the unincorporated area of a county [having
a population of]whose population is
100,000 or more but less than [250,000, recorded
subsequent to]400,000, recorded after
July 1, 1973, may provide for the establishment and operation, under
appropriate rules and procedure, of a construction committee.

2. As soon as a construction committee
has been established and organized pursuant to the provisions of subsection 1,
and no later than January 1 of each year thereafter, the officers of the
committee shall file an affidavit with the building inspector having jurisdiction
over the area within which the subdivision is situated, identifying the
committee as the [duly] constituted
construction committee empowered pursuant to recorded deed restrictions to
determine compliance with those restrictions on lots in the subdivision. The
affidavit must also set forth the names of the officers of the committee,
including the address of a particular officer designated as the [duly] authorized representative of the
committee for the purposes of NRS 278.563 to 278.568, inclusive.

Sec. 47. NRS 278.565 is
hereby amended to read as follows:

278.565 1. A copy of deed
restrictions proposed for a subdivision in a county [having
a population of]whose population is
100,000 or more but less than [250,000]400,000 must be filed with the planning
commission or governing body with the tentative map.

2. Upon final approval of the
subdivision, a copy of the restrictions must be:

(a) Filed with the building inspector having
jurisdiction over the area within which the subdivision is situated.

(b) Presented to each prospective purchaser of
real property within the subdivision.

3. The original copy of the restrictions
may be recorded with the county recorder immediately following the recording of
the final map.

Sec. 48. NRS 278.566 is hereby
amended to read as follows:

278.566 1. Except as
provided in subsection 3, the building inspector in a county [having a population of]whose population is 100,000 or more but less than [250,000,]400,000,
shall not issue any building permit for the construction, reconstruction,
alteration or use of any building or other structure on a lot subject to deed
restrictions unless he has received a written report thereon from the
construction committee.

2. An application for a written report
must be made by certified mail addressed to the [duly]
authorized representative of the construction committee. If the construction
committee fails or refuses to submit its written report to the building
inspector within 20 days from the date of its receipt of a written request therefor, the building inspector [shall] must
proceed as provided by law in cases where there is no functioning construction
committee.

written request therefor, the building inspector [shall]must
proceed as provided by law in cases where there is no functioning construction
committee.

3. This section does not apply if the
cost of the construction, reconstruction, alteration or use specified in
subsection 1 is $500 or less.

Sec. 49. NRS 318.0953 is
hereby amended to read as follows:

318.0953 1. In every county
whose population is [250,000]400,000 or more, the board of county commissioners is,
and in counties whose population is less than [250,000]400,000 the board of county commissioners may be,
ex officio, the board of trustees of each district organized or reorganized
pursuant to this chapter and authorized to exercise the basic power of furnishing
facilities for sewerage as provided in NRS 318.140, without regard to whether
the district is also authorized to furnish facilities for storm drainage, but
excluding any district which is authorized, in addition to those basic powers,
to exercise any one or more other basic powers designated in this chapter,
except as provided in subsections 2 and 4.

2. The board of county commissioners of
any county may be, at its option, ex officio, the board of trustees of any
district organized or reorganized pursuant to this chapter and authorized to
exercise the basic power of furnishing facilities for water as provided in NRS
318.144, or, furnishing both facilities for water and facilities for sewerage
as provided in NRS 318.144 and 318.140, respectively, without regard to whether
the district is also authorized to furnish facilities for storm drainage, but
excluding any district which:

(a) Is authorized, in addition to its basic
powers, to exercise any one or more other basic powers designated in this
chapter.

(b) Is organized or reorganized pursuant to this
chapter, the boundaries of which include all or a portion of any incorporated
city or all or a portion of a district for water created by special law.

3. In every county whose population is
less than 100,000, the board of county commissioners may be, ex officio, the
board of trustees of each district organized or reorganized pursuant to this
chapter and authorized to exercise the basic power of furnishing emergency
medical services as provided in NRS 318.1185, which district may overlap the
territory of any district authorized to exercise any one or more other basic
powers designated in this chapter.

4. A board of county commissioners may
exercise the options provided in subsections 1, 2 and 3 by providing in the
ordinance creating the district or in an ordinance thereafter adopted at any
time that the board is, ex officio, the board of trustees of the district. The
board of county commissioners shall, in the former case, be the board of
trustees of the district when the ordinance creating the district becomes
effective, or in the latter case, become the board of the district 30 days
after the effective date of the ordinance adopted after the creation of the
district. In the latter case within the 30-day period the county clerk shall
promptly cause a copy of the ordinance to be:

(a) Filed in his office;

(b) Transmitted to the secretary of the
district; and

(c) Filed in the office of the secretary of
state without the payment of any fee and otherwise in the same manner as
articles of incorporation are required to be filed under chapter 78 of NRS.

361.340 1. Except as
provided in subsection 2, the board of equalization of each county consists of:

(a) Five members, only two of whom may be
elected public officers, in [counties having a
population of 10,000]a county whose
population is 18,000 or more; and

(b) Three members, only one of whom may be an
elected public officer, in [counties having a
population of]a county whose population
is less than [10,000.]18,000.

2. The board of county commissioners may
by resolution provide for an additional panel of like composition to be added
to the board of equalization to serve for a designated fiscal year. If [such] an additional parcel is added, it [shall]must
determine the valuation of residential real property and the other members of
the board [shall]must sit separately to determine the valuation of all
other property subject to its jurisdiction.

3. A district attorney, county treasurer
or county assessor or any of their deputies or employees may not be appointed
to the county board of equalization.

4. The chairman of the board of county
commissioners shall nominate persons to serve on the county board of
equalization who are sufficiently experienced in business generally to be able
to bring knowledge and sound judgment to the deliberations of the board or who
are elected public officers. The nominees must be appointed upon a majority
vote of the board of county commissioners. The chairman of the board of county
commissioners shall designate one of the appointees to serve as chairman of the
county board of equalization.

5. Except as otherwise provided in this
subsection, the term of each member is 4 years and any vacancy must be filled
by appointment for the unexpired term. The term of any elected public officer
expires upon the expiration of the term of his elected office.

6. The county clerk or his designated
deputy is the clerk of each panel of the county board of equalization.

7. Any member of the county board of
equalization may be removed by the board of county commissioners if, in its
opinion, the member is guilty of malfeasance in office or neglect of duty.

8. The members of the county board of
equalization are entitled to receive per diem allowance and travel expenses as
provided for state officers and employees. The board of county commissioners of
any county may by resolution provide for compensation to members of the board
of equalization in their county who are not elected public officers as they
deem adequate for time actually spent on the work of the board of equalization.
In no event may the rate of compensation established by a board of county
commissioners exceed $40 per day.

9. A majority of the members of the
county board of equalization constitutes a quorum, and a majority of the board
determines the action of the board.

10. The county board of equalization of
each county shall hold such number of meetings as may be necessary to care for
the business of equalization presented to it. Every appeal to the county board
of equalization must be filed not later than January 15.

filed not later than January 15. Each county board shall
cause to be published, in a newspaper of general circulation published in that
county, a schedule of dates, times and places of the board meetings at least 5
days before the first meeting. The county board of equalization shall conclude
the business of equalization on or before February 20 of each year except as to
matters remanded by the state board of equalization. The state board of
equalization may establish procedures for the county boards, including setting
the period for hearing appeals and for setting aside time to allow the county
board to review and make final determinations. The district attorney or his
deputy shall be present at all meetings of the county board of equalization to
explain the law and the boards authority.

11. The county assessor or his deputy shall
attend all meetings of each panel of the county board of equalization.

Sec. 51. NRS 370.260 is
hereby amended to read as follows:

370.260 1. All taxes and
license fees imposed by the provisions of NRS 370.001 to 370.430, inclusive,
less any refunds granted as provided by law, must be paid to the department in
the form of remittances payable to the department.

2. The department shall:

(a) As compensation to the state for the costs
of collecting the taxes and license fees, transmit each month [such sum as]the
sum the legislature specifies from the remittances made to it pursuant
to subsection 1 during the preceding month to the state treasurer for deposit
to the credit of the department. The deposited money must be expended by the
department in accordance with its work program.

(b) From the remittances made to it pursuant to
subsection 1 during the preceding month, less the amount transmitted pursuant
to paragraph (a), transmit each month the portion of the tax which is
equivalent to 2.5 mills per cigarette, but not less than 5 cents for each
package, to the state treasurer for deposit to the credit of the account for
the tax on cigarettes in the state general fund.

(c) Transmit the balance of the payments each
month to the state treasurer for deposit to the credit of the cigarette tax
account in the intergovernmental fund.

(d) Report to the state controller monthly the
amount of collections.

3. The money in the cigarette tax account
is hereby appropriated to Carson City and to each of the counties in proportion
to their respective populations. The amount in the account which was collected
during the preceding month must be apportioned by the department and
distributed by the state controller as follows:

(a) In [counties]a county whose population is [5,000]6,000
or more:

(1) If there are no incorporated cities
within the county, the entire amount must go into the county treasury.

(2) If there is one incorporated city
within the county the money must be apportioned between the city and the county
on the basis of the population of the city and the population of the county
excluding the population of the city.

(3) If there are two or more incorporated
cities within the county, the entire amount must be apportioned among the
cities in proportion to their respective populations.

(b) In [counties]a county whose population is less than [5,000:]6,000:

(1) If there are no incorporated cities
or unincorporated towns within the county, the entire amount must go into the
county treasury.

(2) If there is one incorporated city or
one unincorporated town within the county the money must be apportioned between
the city or town and the county on the basis of the population of the city or
town and the population of the county excluding the population of the city or
town.

(3) If there are two or more incorporated
cities or unincorporated towns or an incorporated city and an unincorporated
town within the county, the entire amount must be apportioned among the cities
or towns in proportion to their respective populations.

(c) In Carson City the entire amount must go
into the city treasury.

4. For the purposes of this section,
unincorporated town means only those towns governed by town boards organized
pursuant to NRS 269.016 to 269.019, inclusive.

Sec. 52. NRS 371.107 is
hereby amended to read as follows:

371.107 The county assessor of each
county [with a population of 30,000]whose population is 35,000 or more is designated
as an agent to assist the department in administering the exemptions provided
in this chapter, and shall, after establishing the validity of an application
for an exemption, issue a certificate for use by the department to allow a
claimant the appropriate exemption on his vehicle.

Sec. 53. NRS 371.125 is
hereby amended to read as follows:

371.125 The county assessor of each
county [with a population of]whose population is less than [30,000]35,000 is designated as agent to assist in the
collection of the tax required to be levied under this chapter. The county
assessor of each county is designated as agent to assist the department in
administering the exemptions provided in this chapter.

Sec. 54. NRS 373.116 is
hereby amended to read as follows:

373.116 A commission may:

1. Acquire and own both real and personal
property.

2. Exercise the power of eminent domain,
if the city or county which has jurisdiction over the property approves, for
the acquisition, construction, repair or maintenance of public roads, or for
any other purpose related to public mass transportation.

3. Sell, lease or convey or otherwise
dispose of rights, interests or properties.

4. Adopt regulations for:

(a) Financing eligible activities;

(b) The operation of systems or services
provided by the commission; and

(c) The operation of special systems by a
private contractor, financed by the commission, for the transportation of
elderly or handicapped persons, subject to the approval of the regulations by
the board of county commissioners in an affected county whose population is
less than [250,000.]400,000.

377A.020 1. The board of
county commissioners of any county may enact an ordinance imposing a tax for
public mass transportation and construction of public roads pursuant to NRS
377A.030. The board of county commissioners of any county whose population is
less than [250,000]400,000 may enact an ordinance imposing a tax to
promote tourism pursuant to NRS 377A.030.

2. An ordinance enacted pursuant to this
chapter becomes effective when it is approved by a majority of the registered
voters of the county voting upon a question which the board may submit to the
voters at any election. The board shall also submit to the voters any proposal
to change the previously approved uses for the proceeds of the tax.

3. Any ordinance enacted pursuant to this
section must provide that the tax be imposed on the first day of the second
calendar month following the approval of the ordinance by the voters.

Sec. 56. NRS 379.0221 is
hereby amended to read as follows:

379.0221 The trustees of a county library
district in any county whose population is [250,000]400,000 or more and the governing body of any
city within that county may, to establish and maintain a public library,
consolidate the city into the county library district.

Sec. 57. NRS 379.050 is
hereby amended to read as follows:

379.050 1. Whenever a new
county library is provided for in any county [having
a population of 15,000]whose population
is 25,000 or more ,[persons,] the trustees of any district
library in the county previously established may transfer all books, funds,
equipment or other property in the possession of such trustees to the new
library upon the demand of the trustees of the new library.

2. Whenever there are two or more county
library districts in any county [having a
population of 15,000]whose population is
25,000 or more ,[persons,
such]the districts may merge into
one county library district upon approval of the library trustees of the
merging districts.

3. Whenever there is a city or a town
library located adjacent to a county library district, the city or town library
may:

(a) Merge with the county library district upon
approval of the trustees of the merging library and district; or

(b) Subject to the limitations in NRS 379.0221,
consolidate with the county library district.

4. All expenses incurred in making [such]a
transfer or merger must be paid out of the general fund of the new library.

Sec. 58. NRS 380.010 is hereby
amended to read as follows:

380.010 1. The board of
county commissioners of any county may establish by ordinance a law library to
be governed and managed by a board of law library trustees in accordance with
the provisions of this chapter.

2. The board of county commissioners of
any county [with a population under 20,000]whose population is less than 35,000 may
establish by ordinance a law library to be governed and managed as prescribed
by the board of county commissioners of that county. [Such]The board of county
commissioners of any county whose population is less than 35,000 may
exercise or delegate the exercise of any power granted to
a board of law trustees under this chapter.

delegate the exercise of any power granted to a board of law
trustees under this chapter.

3. Any law library established pursuant
to subsection 2 is subject to the provisions of NRS 380.065, 380.110 and
380.130 to 380.190, inclusive.

Sec. 59. NRS 380.110 is
hereby amended to read as follows:

380.110 1. Except as
otherwise provided in subsection 5, any ordinance of a board of county
commissioners establishing a law library under the provisions of this chapter
must require that, from the fees received by the county clerk pursuant to NRS
19.013, a sum established by the ordinance, not exceeding $30 in any case, must
be allocated by the county clerk to a fund designated as the law library fund.
These allocations may be made from the fees collected by the county clerk for
the commencement in or removal to the district court of the county of any civil
action, proceeding or appeal, on filing the first paper therein, or from the fees
collected by the county clerk for the appearance of any defendant, or any
number of defendants, answering jointly or separately, or from both of these
sources as may be determined by the ordinance.

2. All money so set aside must be paid by
the county clerk to the county treasurer, who shall keep it separate in the law
library fund.

3. The board of county commissioners may
transfer from the county general fund to the law library fund such amounts as
it determines are necessary for purposes of the law library.

4. Money in the law library fund must be:

(a) Expended for the purchase of law books,
journals, periodicals and other publications.

(b) Expended for the establishment and
maintenance of the law library.

(c) Drawn therefrom and used and applied only as
provided in this chapter.

5. In a county whose population is [250,000]400,000
or more, the sum established by the ordinance must be no less than $15 nor more
than $30 in any case.

Sec. 60. NRS 387.331 is
hereby amended to read as follows:

387.331 1. The tax on
residential construction authorized by this section is a specified amount which
must be the same for each:

(a) Lot for a mobile home;

(b) Residential dwelling unit; and

(c) Suite in an apartment house,

imposed on the privilege of constructing apartment houses,
and residential dwelling units and developing lots for mobile homes.

2. The board of trustees of any school
district whose population is less than [25,000]35,000 may request that the board of county
commissioners of the county in which the school district is located impose a
tax on residential construction in the school district to construct, remodel
and make additions to school buildings. Whenever the board of trustees takes
that action it shall notify the board of county commissioners and shall specify
the areas of the county to be served by the buildings to be erected or
enlarged.

3. If the board of county commissioners
decides that the tax should be imposed, it shall notify the Nevada tax
commission. If the commission approves, the board of
county commissioners may then impose the tax, whose specified amount must not
exceed $1,000.

approves, the board of county commissioners may then impose
the tax, whose specified amount must not exceed $1,000.

4. The board shall collect the tax so
imposed, in the areas of the county to which it applies, and may require that
administrative costs, not to exceed 1 percent, be paid from the amount
collected.

5. The money collected must be deposited
with the county treasurer in the school districts fund for capital projects to
be held and expended in the same manner as other money deposited in that fund.

Sec. 61. NRS 428.050 is
hereby amended to read as follows:

428.050 1. In addition to
the tax levied pursuant to NRS 428.285 and any tax levied pursuant to NRS
450.425, the board of county commissioners of a county shall, at the time
provided for the adoption of its final budget, levy an ad valorem tax to
provide aid and relief to those persons coming within the purview of this
chapter. In a county whose population is [250,000]400,000 or more, this levy must not exceed that
adopted for the purposes of this chapter for the fiscal year ending June 30,
1971, diminished by 12.3 cents for each $100 of assessed valuation. In a county
whose population is less than [250,000]400,000 the rate of the tax must be calculated to
produce not more than the amount of money allocated pursuant to NRS 428.295.

2. The board of county commissioners of
any county in which there was no levy adopted for the purposes of this chapter
for the fiscal year ending June 30, 1971, may request that the Nevada tax
commission establish a maximum rate for the levy of taxes ad valorem by the
county to provide aid and relief pursuant to this chapter.

3. No county may expend or contract to
expend for that aid and relief a sum in excess of that provided by the maximum
ad valorem levy set forth in subsection 1 of this section and NRS 428.285 and
450.425, or established pursuant to subsection 2, together with such outside
resources as it may receive from third persons, including, but not limited to,
expense reimbursements, grants-in-aid or donations lawfully attributable to the
county indigent fund.

4. Except as otherwise provided in this
subsection, no interfund transfer, short-term financing procedure or
contingency transfer may be made by the board of county commissioners to
provide resources or appropriations to a county indigent fund in excess of
those which may be otherwise lawfully provided pursuant to subsections 1, 2 and
3 of this section and NRS 428.285 and 450.425. If the health of indigent
persons in the county is placed in jeopardy and there is a lack of money to
provide necessary medical care under this chapter, the board of county
commissioners may declare an emergency and provide additional money for medical
care from whatever sources may be available.

Sec. 62. NRS 439B.420 is
hereby amended to read as follows:

439B.420 1. A hospital or
related entity shall not establish a rental agreement with a physician or
entity that employs physicians that requires any portion of his medical
practice to be referred to the hospital or related entity.

2. No rent required of a physician or
entity which employs physicians by a hospital or related entity may be less
than 75 percent of the rent for comparable office space leased to another
physician or other lessee in the building, or in a comparable building owned by
the hospital or entity.

3. A hospital or related entity shall not
pay any portion of the rent of a physician or entity which employs physicians
within facilities not owned or operated by the hospital or related entity,
unless the resulting rent is no lower than the highest rent for which the
hospital or related entity rents comparable office space to other physicians.

4. No health facility may offer any
provider of medical care any financial inducement, excluding rental agreements
subject to the provisions of subsection 2 or 3, whether in the form of
immediate, delayed, direct or indirect payment to induce the referral of a
patient or group of patients to the health facility. This subsection does not
prohibit bona fide gifts under $100, or reasonable promotional food or
entertainment.

5. The provisions of subsections 1 to 4,
inclusive, do not apply to hospitals in a county whose population is less than [30,000.]35,000.

6. A hospital, if acting as a billing
agent for a medical practitioner performing services in the hospital, [shall]must
not add any charges to the practitioners bill for services other than a charge
related to the cost of processing the billing.

7. No hospital or related entity may
offer any financial inducement to an officer, employee or agent of an insurer,
a person acting as an insurer or self-insurer or a related entity. A person
shall not accept such offers. This subsection does not prohibit bona fide gifts
of under $100 in value, or reasonable promotional food or entertainment.

8. A hospital or related entity shall not
sell goods or services to a physician unless the costs for such goods and
services are at least equal to the cost for which the hospital or related
entity pays for the goods and services.

9. A practitioner or health facility
shall not refer a patient to a health facility or service in which the
referring party has a financial interest unless the practitioner or health
facility first discloses the interest.

10. The director may, at reasonable
intervals, require a hospital or related entity or other party to an agreement
to submit copies of operative contracts subject to the provisions of this
section after notification by registered mail. The contracts must be submitted
within 30 days after receipt of the notice. Contracts submitted pursuant to
this subsection are confidential, except in cases in which an action is brought
pursuant to subsection 11.

11. A person who willfully violates any
provision of this section is liable to the State of Nevada for:

(a) A civil penalty in an amount of not more
than $5,000 per occurrence, or 100 percent of the value of the illegal
transaction, whichever is greater.

(b) Any reasonable expenses incurred by the
state in enforcing this section.

Any money recovered pursuant to this subsection as a civil
penalty must be deposited in a separate account in the state general fund and
used for projects intended to benefit the residents of this state with regard
to health care. Money in the account may only be withdrawn by act of the
legislature.

12. As used in this section, related
entity means an affiliated person or subsidiary as those terms are defined in
NRS 439B.430.

Sec. 63. NRS 445.231 is
hereby amended to read as follows:

445.231 1. Each permit
issued by the department must ensure compliance with the following factors
whenever applicable to the discharge or the injection of fluids through a well
for which the permit is sought:

(a) Effluent limitations;

(b) Standards of performance for new sources;

(c) Standards for pretreatment;

(d) Standards for injections of fluids through a
well; and

(e) Any more stringent limitations, including
any necessary to meet or effectuate standards of water quality, standards of treatment
or schedules of compliance developed by the department as part of a continuing
planning process or areawide plan for the management of the treatment of waste
under NRS 445.257 or in furthering the purposes and goals of NRS 445.131 to
445.354, inclusive.

2. Each permit must specify average and
maximum daily or other appropriate quantitative limitations for the level of
pollutants or contaminants in the authorized discharge or injection.

3. If an application is made to discharge
from a point source into any waters of this state which flow directly or
ultimately into an irrigation reservoir upstream from which are located urban
areas in two or more counties and if each [with]county has
a population of [25,000]35,000 or more, the department [shall]must give notice of the application to each city,
county, unincorporated town and irrigation district located downstream from the
point of discharge. Notice to an unincorporated town must be given to the town
board or advisory council if there is one.

Sec. 64. NRS 445.264 is
hereby amended to read as follows:

445.264 1. The department
shall notify each interested person and appropriate governmental agency of each
complete application for a permit, and shall provide them an opportunity to
submit their written views and recommendations thereon.

2. Notification must be in the manner
provided in the regulations adopted by the commission pursuant to applicable
federal law.

3. If the treatment works are to
discharge into any waters of this state which flow directly or ultimately into
an irrigation reservoir upstream from which are located urban areas in two or
more counties and if each [with]county has a population of [25,000]35,000
or more, the department [shall]must include in its notification each city, county,
unincorporated town and irrigation district located downstream from the point
of discharge. Notice to an unincorporated town must be given to the town board
or advisory council if there is one.

Sec. 65. NRS 450.070 is
hereby amended to read as follows:

450.070 1. Except in
counties where the board of county commissioners is the board of hospital
trustees, the board of hospital trustees for the public hospital consists of
five trustees, who [shall:]must:

(a) Whose population is less than 100,000,
hospital trustees [shall]must be elected for terms of 4 years in the same manner
as other county officers are elected.

(b) Whose population is 100,000 or more but less
than [250,000,]400,000, hospital trustees [shall]must be elected from the county at large for
terms of 4 years.

Sec. 66. NRS 450.090 is
hereby amended to read as follows:

450.090 1. In any county [having a population of 250,000]whose population is 400,000 or more, the board of
county commissioners is, ex officio, the board of hospital trustees and shall
serve during their terms of office as county commissioners.

2. In any county [having
a population of]whose population is
100,000 or more but less than [250,000,]400,000, the board of hospital trustees for the
public hospital [shall]must be composed of the five regularly elected or
appointed members, and, in addition, three county commissioners selected by the
chairman of the board of county commissioners shall be voting members thereof,
and shall serve during their terms of office as county commissioners.

3. In any county [having]whose population is less than 100,000 ,[population,]
the board of hospital trustees for the public hospital [shall]must be composed of the five regularly elected or
appointed members, and, in addition, the board of county commissioners may, by
resolution, provide that one county commissioner selected by the chairman of
the board of county commissioners [shall]must be a voting member of the board of hospital
trustees during his term of office as county commissioner.

Sec. 67. NRS 450B.150 is
hereby amended to read as follows:

450B.150 1. Except as
otherwise provided in subsection 2, the health division shall administer and
enforce the provisions of this chapter and the regulations, standards and
procedures of the board established pursuant to the provisions of this chapter.

2. In a county whose population is [250,000]100,000
or more, the county or district board of health shall:

(a) Adopt regulations, standards and procedures
for the administration of this chapter; and

(b) Administer and enforce the provisions of
this chapter.

The county or district board of health in those counties may
perform all duties and exercise all powers of the health division pursuant to
this chapter, except those duties and powers set forth in NRS 450B.236 to
450B.239, inclusive.

3. Except as otherwise provided in
subsection 2, the health division and its authorized agents shall enter upon
and inspect, in a reasonable manner and during reasonable business hours, the
premises and vehicles of persons and governmental entities providing services
regulated pursuant to the provisions of this chapter.

Secs. 68 and 69. (Deleted by
amendment.)

Sec. 70. NRS 477.030 is
hereby amended to read as follows:

477.030 1. Except as
provided in this section, the state fire marshal shall enforce all laws and
adopt regulations relating to:

(c) The storage and use of explosives in any
commercial construction, but not in mining or the control of avalanches.

(d) The safety, access, means and adequacy of
exit in case of fire from mental and penal institutions, facilities for the
care of children, foster homes, residential facilities for groups, facilities
for intermediate care, nursing homes, hospitals, schools, all buildings, except
private residences, which are occupied for sleeping purposes, buildings used
for public assembly and all other buildings where large numbers of persons
work, live or congregate from time to time for any purpose. As used in this
paragraph, public assembly means a building or a portion of a building used
for the gathering together of 50 or more persons for purposes of deliberation,
education, instruction, worship, entertainment, amusement or awaiting
transportation, or the gathering together of 100 or more persons in
establishments for drinking or dining.

(e) The suppression and punishment of arson and
fraudulent claims or practices in connection with fire losses.

The regulations of the state fire marshal apply throughout
the state, but, except with respect to state-owned or state-occupied buildings,
his authority to enforce them or conduct investigations under this chapter is
limited to those counties whose population is less than [25,000,]35,000, except in those local jurisdictions in
other counties where he is requested to exercise that authority by the chief
officer of the organized fire department of that jurisdiction.

2. The state fire marshal may set
standards for equipment and appliances pertaining to fire safety or to be used
for fire protection purposes within this state, including the threads used on
fire hose couplings and hydrant fittings.

3. The state fire marshal shall cooperate
with the state forester firewarden in the preparation of regulations relating
to standards for fire retardant roofing materials pursuant to paragraph (e) of
subsection 1 of NRS 472.040.

4. The state fire marshal shall cooperate
with the welfare division of the department of human resources in establishing
reasonable minimum standards for overseeing the safety of and directing the
means and adequacy of exit in case of fire from family foster homes and group
foster homes.

5. The state fire marshal shall
coordinate all activities conducted pursuant to the Fire Research and Safety
Act of 1968, 15 U.S.C. §§ 278f and 278g, and receive and distribute money
allocated by the United States pursuant to that act.

6. The state fire marshal shall:

(a) Investigate any fire which occurs in a
county whose population is less than [25,000,]35,000, and from which a death results or which
is of a suspicious nature.

(b) Investigate any fire which occurs in a
county whose population is [25,000]35,000 or more, and from which a death results or
which is of a suspicious nature, if requested to do so by the chief officer of
the fire department in whose jurisdiction the fire occurs.

(c) Cooperate with the commissioner of insurance
in any investigation of a fraudulent claim under an insurance policy for any
fire of a suspicious nature.

(d) Provide specialized training in
investigating the causes of fires if requested to do so by the chief officer of
an organized fire department.

7. The state fire marshal shall put the
Uniform Fire Incident Reporting System into effect throughout the state [on or before January 1, 1984,] and
publish at least annually a summary of data collected under the system.

8. The state fire marshal shall provide
assistance and materials to local authorities, upon request, for establishment
of programs for public education and other fire prevention activities.

9. The state fire marshal shall:

(a) Assist in checking plans and specifications
for construction;

(b) Provide specialized training to local fire
departments; and

(c) Assist local governments in drafting
regulations and ordinances,

on request or as he deems necessary.

Sec. 71. NRS 477.100 is
hereby amended to read as follows:

477.100 As used in NRS 477.110 to
477.170, inclusive, unless the context otherwise requires, authority means:

1. The state fire marshal in a county
whose population is less than [25,000;]35,000;

2. Unless the county has enacted an
ordinance designating the persons who constitute the authority, the chief
building official and chief officer of the fire service of the jurisdiction in
any other county, and if they are unable to agree on any question, authority
includes the county manager or city manager, who shall cast the deciding vote
on that question; or

3. If the board of county commissioners
of a county whose population is [25,000]35,000 or more or the governing body of a city in
that county has specified a person or persons to act as the authority, that
person or those persons.

Sec. 72. NRS 482.225 is
hereby amended to read as follows:

482.225 1. When application
is made to the department for registration of a vehicle purchased in this state
from a person other than a retailer required to be registered with the
department of taxation or of a vehicle purchased outside this state and not
previously registered within this state where the registrant or owner at the
time of purchase was not a resident of or employed in this state, the
department or its agent shall determine and collect any sales or use tax due
and shall remit the tax to the department of taxation except as otherwise
provided in NRS 482.260.

2. If the registrant or owner of the
vehicle was a resident of the state, or employed within the state, at the time
of the purchase of that vehicle, it is presumed that the vehicle was purchased
for use within the state and the representative or agent of the department of
taxation shall collect the tax and remit it to the department of taxation.

3. Until all applicable taxes and fees are
collected, the department shall refuse to register the vehicle.

4. In any county whose population is less
than [30,000,]35,000, the department shall designate the county
assessor as the agent of the department for the collection of any sales or use tax.

5. If the registrant or owner desires to
refute the presumption stated in subsection 2 that he purchased the vehicle for
use in this state, he must pay the tax to the department and then may submit
his claim for exemption in writing, signed by him or his authorized
representative, to the department together with his claim for refund of tax
erroneously or illegally collected.

6. If the department finds that the tax
has been erroneously or illegally collected, the tax must be refunded.

Sec. 73. NRS 484.2155 is
hereby amended to read as follows:

484.2155 Urban area means the area
encompassed within the city limits of a city [which
has a population of 5,000]whose
population is 10,000 or more.

Sec. 74. NRS 541.160 is
hereby amended to read as follows:

541.160 In addition to the other means of
providing revenue for such districts as provided in this chapter, the board may
levy and collect taxes and special assessments for maintaining and operating
those works and paying the obligations and indebtedness of the district by any
one or more of the methods or combinations thereof, classified as follows:

1. Class A. To levy and collect taxes
upon all property within the district as provided in this chapter.

2. Class B. To levy and collect
assessments for special benefits accruing to property within municipalities for
which use of water is allotted as provided in this chapter.

3. Class C. To levy and collect
assessments for special benefits accruing to lands within irrigation districts
for which use of water is allotted as provided in this chapter.

4. Class D. To levy and collect
assessments for special benefits accruing to lands for which use of water is
allotted as provided in this chapter.

5. Class E. In the case of any
subdistrict located in a county whose population is 100,000 or more but less
than [250,000,]400,000, to levy and collect assessments for special
benefits accruing to lands from irrigation, flood control, drainage, safety and
health resulting or to result from projects undertaken by the district.

Sec. 75. NRS 543.240 is
hereby amended to read as follows:

543.240 1. In any county
whose population is [250,000]400,000 or more, the entire county constitutes the
district.

2. In any other county a district may:

(a) Consist of one contiguous area or of two or
more noncontiguous areas.

(b) Include all or part of municipal
corporations and other political subdivisions.

Sec. 76. NRS 543.250 is
hereby amended to read as follows:

543.250 1. In any county
whose population is less than [250,000]400,000 the board of county commissioners may
create districts.

2. No member of a board of county
commissioners or board of directors is disqualified to perform any duty imposed
by NRS 543.170 to 543.830, inclusive, by reason of ownership of property within
any proposed district.

3. A district so created may include
territory within another such county, with the consent of the board of county
commissioners of the other county.

Sec. 77. NRS 543.600 is
hereby amended to read as follows:

543.600 1. In a county whose
population is [250,000]400,000 or more, the board of county commissioners
shall hold public hearings before deciding which one or combination of the
powers set forth in subsections 2 and 3 is to be used to provide revenue for
the support of the district. The method selected must be approved, in an
election held throughout the district, by a majority of the voters voting on
the question.

2. The board of county commissioners in
such a county may levy and collect taxes ad valorem upon all taxable property
in the county. This levy is not subject to the limitations imposed by NRS
354.59805 to 354.5987, inclusive. A district for which a tax is levied pursuant
to this subsection is not entitled to receive any distribution of supplemental
city-county relief tax.

3. The board of county commissioners in
such a county may impose a tax of not more than 0.25 percent on retail sales
and the storage, use or other consumption of tangible property in the county.
The ordinance imposing this tax must conform, except as to amount, to the
requirements of chapter 377 of NRS and the tax must be paid as provided in that
chapter.

4. In any other county, the board of
county commissioners may only levy taxes ad valorem upon all taxable property
in the district.

5. In any county, the board of directors
may use any other money, including federal revenue sharing, that is made
available to the district.

Sec. 78. NRS 543.675 is
hereby amended to read as follows:

543.675 1. In a county whose
population is less than [250,000]400,000 an owner in fee of real property situate in the
district may file with the board a petition praying that those lands be
excluded from the district.

2. Petitions must:

(a) Describe the property which the petitioner
desires to have excluded.

(b) State that the property does not produce any
runoff of floodwater capable of being served by the facilities of the district
or by any future improvement contained in the master plan.

(c) Be acknowledged in the same manner and form
as required in case of a conveyance of land.

(d) Be accompanied by a deposit of money
sufficient to pay all costs of the proceedings for exclusion.

3. The secretary of the board shall cause
a notice of filing of such petition to be published, which must:

(a) State the filing of the petition.

(b) State the names of the petitioners.

(c) Describe the property mentioned in the
petition.

(d) State the prayer of the petitioners.

(e) Notify all persons interested to appear at
the office of the board at the time named in the notice, and show cause in
writing why the petition should not be granted.

4. The board at the time and place
mentioned in the notice, or at the times to which the hearing of the petition
may be adjourned, shall proceed to hear the petition and all objections
thereto, presented in writing by any person.

5. The filing of the petition is an
assent by each petitioner to the exclusion from the district of all or part of
the property mentioned in the petition.

6. The board, if it considers it not to
be in the best interest of the district that all or part of the property be
excluded from the district, shall order that the petition be denied in whole or
in part, as the case may be.

7. If the board considers it to be in the
best interest of the district that the property mentioned in the petition to be
excluded from the district, the board shall order that the petition be granted
in whole or in part, as the case may be.

8. There may be no withdrawal from a
petition after consideration by the board nor may further objection be filed
except in case of fraud or misrepresentation.

9. Upon granting the petition, the board
shall file for record a certified copy of its ordinance making the change, in
the manner provided in NRS 543.300.

Sec. 79. NRS 543.685 is
hereby amended to read as follows:

543.685 In a county whose population is
less than [250,000]400,000 the boundaries of a district may be enlarged by
the inclusion of additional real property in the following manner:

1. The owner in fee of any real property
capable of being served by the facilities of the district may file with the
board a petition praying that the property be included in the district.

2. The petition must:

(a) Set forth an accurate legal description of
the property.

(b) State that assent to the inclusion of the
property in the district is given by all the owners in fee of the property.

(c) Be acknowledged in the same manner required
for a conveyance of land.

3. There may be no withdrawal from a
petition after consideration by the board nor may further objections be filed
except in case of fraud or misrepresentation.

4. The board shall hear the petition at
an open meeting after publishing the notice of the filing of the petition, and
of the place, time and date of the meeting, and the names and addresses of the
petitioners. The board shall grant or deny the petition and the action of the
board is final and conclusive. If the petition is granted as to all or any of
the real property described, the board shall make an order to that effect, and
file it for record in the manner provided in NRS 543.300.

5. After the date of its inclusion in the
district, the property is subject to all of the taxes imposed by the district,
and is liable for its proportionate share of the existing general obligation
bonded indebtedness of the district. It is not liable for any taxes levied or
assessed before its inclusion in the district.

Sec. 80. NRS 662.015 is
hereby amended to read as follows:

662.015 1. In addition to
the powers conferred by law upon private corporations, a bank may:

(a) Exercise by its board of directors or
authorized officers and agents, subject to law, all powers necessary to carry
on the business of banking, by discounting and negotiating promissory notes,
drafts, bills of exchange and other evidences of indebtedness, by receiving
deposits, by buying and selling exchange, coin and bullion and by loaning money
on personal security or real and personal property. At the time of making
loans, banks may take and receive interest or discounts in advance.

(b) Adopt regulations for its own government not
inconsistent with the constitution and laws of this state.

(c) Issue, advise and confirm letters of credit
authorizing the beneficiaries to draw upon the bank or its correspondents.

(e) Establish and become a member of a clearing
house association and pledge assets required for its qualification.

(f) Exercise any authority and perform all acts
that a national bank may exercise or perform, with the consent and written
approval of the commissioner.

(g) Provide for the performance of the services
of a bank service corporation, such as data processing and bookkeeping, subject
to any regulations which may be adopted by the commissioner.

2. A bank may purchase, hold and convey
real property:

(a) [Such as]As is necessary for the convenient transaction of
its business, including furniture and fixtures, with its banking offices and
for future site expansion, which investment must not exceed , except as otherwise provided in this section, 60
percent of its capital accounts plus subordinated capital notes and debentures .[; but the]The commissioner may, in his discretion, authorize
any bank located in a city whose population is more than [5,000]10,000
to invest more than 60 percent of its capital accounts plus subordinated
capital notes and debentures in its banking houses, furniture and fixtures.

(b) [Such as]As is mortgaged to it in good faith by way of
security for loans made or money due to the bank.

(c) [Such as]As is permitted by NRS 662.103.

3. Nothing in this section prohibits any
bank from holding, developing or disposing of any real property it may acquire
through the collection of debts due it .[; but that]Any
real property acquired through the collection of debts
due it may not be held for a longer time than 10 years. It must be sold
at private or public sale within 30 days thereafter. During the time that the
bank holds the real property, the bank shall charge off the real property on a
schedule of not less than 10 percent per year, or at a greater percentage per
year as the commissioner may require.

Sec. 81. NRS 704.230 is
hereby amended to read as follows:

704.230 1. Except as
otherwise provided in this section or in any special law for the incorporation
of a city, it is unlawful for any public utility, for any purpose or object
whatever, in any city or town containing more than 7,500 inhabitants, to install,
operate or use, within such city or town, any mechanical water meters or
similar mechanical device, to measure the quantity of water delivered to
residential water users.

2. A public utility which furnishes water
shall file with the commission a schedule establishing a separate individual
and joint rate or charge for residential users who have installed water meters
or similar devices to measure the consumption of water.

3. A water meter or similar device may be
installed to measure the consumption of water by a residential customer:

(a) With the consent of the customer; and

(b) To obtain information concerning a
representative sample of residential customers to determine what benefits, if
any, would be derived from the installation and use of water meters for
residential customers generally.

Unless the residential customer has agreed, in writing, to
pay the separate rate, the public utility shall charge the residential customer
for whom [such] a meter is installed the same amount for water used as if no
meter had been installed.

meter is installed the same amount for water used as if no
meter had been installed.

4. A water meter or similar device may be
installed to measure the quantity of water delivered and determine the charge
to residential users of water if:

(a) The owner of the property on which it is
installed consents in writing to the installation, operation and use of the
device; and

(b) The written consent is recorded with the
county recorder of the county in which the property is located.

The written consent binds any successor in interest to that
property to the provisions thereof.

5. Every newly constructed residential
building which is occupied for the first time after July 1, 1988, must be
equipped with a water meter.

6. This section does not apply to cities
and towns owning and operating municipal waterworks, or to cities and towns
located in [counties having a population of
250,000]a county whose population is
400,000 or more.

Sec. 82. Section 1.040 of the
charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, at
page 56, is hereby amended to read as follows:

Sec. 1.040 Annexations.
The city may annex territory by following the procedure provided for the
annexation of cities in those sections of chapter 268 of NRS, as amended from
time to time, which apply to [counties having a
population of]a county whose population
is less than [200,000.]400,000.

Sec. 83. Section 1.040 of the
charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, at
page 603, is hereby amended to read as follows:

Sec. 1.040 Annexations.
The city may annex territory by following the procedure provided for the
annexation of cities in those sections of chapter 268 of NRS, as amended from
time to time, which apply to [counties having a
population of]a county whose population
is less than [200,000.]400,000.

Sec. 84. (Deleted by
amendment.)

Sec. 85. Section 1.050 of the
charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971,
at page 403, is hereby amended to read as follows:

Sec. 1.050 Annexations.
The city may annex territory by following the procedure provided for the
annexation of cities in those sections of chapter 268 of NRS, as amended from
time to time, which apply to [counties having a
population of 200,000]a county whose
population is 400,000. or more.

Sec. 86. Section 1.040 of the
charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada
1971, at page 1211, is hereby amended to read as follows:

Sec. 1.040 Annexations.
The city may annex territory by following the procedure provided for the
annexation of cities in those sections of chapter 268 of NRS, as amended from
time to time, which apply to [counties having a
population of 200,000]a county whose
population is 400,000 or more.

Sec. 87. Section 1.040 of the
charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at
page 1962, is hereby amended to read as follows:

Sec. 1.040 Annexations.
The city may annex territory by following the procedure provided for the
annexation of cities in those sections of chapter 268 of NRS, as amended from
time to time, which apply to [counties having a
population of]a county whose population
is less than [250,000.]400,000.

Sec. 88. Section 1.050 of the
charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at
page 725, is hereby amended to read as follows:

Sec. 1.050 Annexations.
The city may annex territory by following the procedure provided for the annexation
of cities in those sections of chapter 268 of NRS, as amended from time to
time, which apply to [counties having a
population of]a county whose population
is less than [200,000.]400,000.

Sec. 89. Section 1.040 of the
charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971,
at page 902, is hereby amended to read as follows:

Sec. 1.040 Annexations.
The city may annex territory by following the procedure provided for the
annexation of cities in those sections of chapter 268 of NRS, as amended from
time to time, which apply to [counties having a
population of]a county whose population
is less than [200,000.]400,000.

Section 1. Chapter
244A of NRS is hereby amended by adding thereto a new section to read as
follows:

1. The
board in any county whose population is less than 400,000 may submit to the
voters of that county the question of whether a taxing district to establish a
system to provide a telephone number to be used in an emergency should be
created within the county. If the question is approved, the board, by
ordinance, must create such a district.

2. The
boundary of a district created pursuant to subsection 1:

(a) Must
be defined in the ordinance;

(b) May
not include any part of an incorporated city unless the governing body of the
city petitions the board for inclusion in the district; and

(c) May
include only the area served by the system.

3. The
board may delegate the operation of the system to a metropolitan police
department, if one has been established in the county.

[2.](b) Utilizes the services of an advanced
emergency medical technician,

unless the service has a currently
valid permit to provide advanced emergency care issued by the health division.

2. Any
service in a county whose population is less than 400,000, that holds a valid
permit for the operation of an ambulance but is not authorized by the health
division to provide advanced emergency care may represent, for billing
purposes, that its ambulance provided advanced emergency care if:

(a) A
registered nurse employed by a hospital rendered advanced emergency care to a
patient being transferred from the hospital by the ambulance; and

(b) The
equipment deemed necessary by the health division for the provision of advanced
emergency care was on board the ambulance at the time the registered nurse
rendered advanced emergency care.

3. A
hospital that employs a registered nurse who renders the care described in
subsection 2 is entitled to reasonable reimbursement for the services rendered
by the nurse.

Sec. 92. Section
4 of Senate Bill No. 237 of this session is hereby amended to read as follows:

Sec. 4. 1. The
board shall, to the extent that money is available, establish in a county whose
population is [250,000]400,000 or more, a center to provide services for
displaced homemakers and may, with the approval of the director, enter into contracts
with public or nonprofit private organizations to provide the various services.

2. All gifts
and grants of money received for the purposes of sections 2 to 7, inclusive, of
this act, must be deposited in the same account in the state general fund as
money deposited pursuant to subsection 2 of NRS 19.033.

3. All claims
must be approved by the director before they are paid.

Sec. 93. Section 1 of Assembly
Bill No. 900 of this session is hereby amended to read as follows:

Section 1. NRS
704.230 is hereby amended to read as follows:

704.230 1. [Except as otherwise provided in this section or in any
special law for the incorporation of a city, it is unlawful for any public
utility, for any purpose or object whatever, in any city or town containing
more than 7,500 inhabitants, to install, operate or use, within such city or
town, any mechanical water meters or similar mechanical device, to measure the quantity
of water delivered to residential water users.

2. A
public utility which furnishes water shall file with the commission a schedule
establishing a separate individual and joint rate or charge for residential
users who have installed water meters or similar devices to measure the
consumption of water.

3. A
water meter or similar device may be installed to measure the consumption of
water by a residential customer:

(a) With
the consent of the customer; and

(b) To
obtain information concerning a representative sample of residential customers
to determine what benefits, if any, would be derived
from the installation and use of water meters for residential customers
generally.

derived from
the installation and use of water meters for residential customers generally.

Unless the
residential customer has agreed, in writing, to pay the separate rate, the
public utility shall charge the residential customer for whom a meter is
installed the same amount for water used as if no meter had been installed.

4. A
water meter of similar device may be installed to measure the quantity of water
delivered and determine the charge to residential users of water if:

(a) The
owner of the property on which it is installed consents in writing to the
installation, operation and use of the device; and

(b) The
written consent is recorded with the county recorder of the county in which the
property is located.

The written
consent binds any successor in interest to that property to the provisions
thereof.

5.]
Every newly constructed residential building which is occupied for the first
time after July 1, 1988, must be equipped with a water meter.

[6. This
section does]

2. Subsection
1 does not apply to cities and town owning and operating municipal
waterworks, or to cities and towns located in a county whose population is
400,000 or more.

Sec. 94. The legislature
declares that in enacting this act it has reviewed each of the classifications
by population amended by this act, has considered the suggestions of the
several counties and of other interested persons in the state relating to
whether any should be retained unchanged or amended differently, and has found
that each of the sections in which a criterion of population has been changed
should not under present conditions apply to a county larger or smaller, as the
case may be, than the new criterion established.

Sec. 95. 1. This
section and section 81 of this act become effective on October 1, 1989.

2. The remaining sections of this act
become effective on the date when the Secretary of Commerce reports the 1990
census of population to the President of the United States as required by 13
U.S.C. § 141(b).

AN ACT relating to days of observance;
requiring the governor to proclaim the third week in September as Constitution
Week; making an appropriation; and providing other matters properly relating
thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 236 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. The governor
shall annually proclaim the third week in September to be Constitution Week
and September 17 to be Constitution Day to commemorate the historical
contributions that the United States Constitution has made to citizens and its
significance in preserving the individual freedoms, liberties and common
welfare of the people who live in the United States of America.

2. The
proclamation shall:

(a) Call upon the news
media, educators, state and local officers, professional, business and labor
leaders, and others in positions of authority or influence to bring to the
attention of Nevadas citizens the importance of the United States Constitution
in shaping and articulating the basic values that underlie the unique character
of American civilization and culture, based on the belief that sovereignty
emanates from the people who comprise a society and that governmental authority
is based upon the consent of the governed;

(b) Encourage elected and
appointed officers and employees at all levels of government and in all public
and educational institutions to develop new programs and new ideas by which the
citizens of this state and nation can better understand and improve the
effectiveness of all branches of government established within the American
constitutional system;

(c) Direct appropriate
officers and agencies to develop recommendations by which federal, state and
local policies for the preservation of historical records can be formulated and
put into effect, so that the cultural and informational resources that are
essential to a constitutional form of government are preserved and made
accessible to present and future generations of citizens; and

(d) Remind all citizens
that the preservation of the American constitutional form of government, and
the freedom and liberty guaranteed by the United States Constitution, are based
upon the responsibility of each citizen to uphold and defend the Constitution.

Sec. 2. There is hereby
appropriated from the state general fund to the commission for the bicentennial
of the United States Constitution created pursuant to NRS 236.080 the sum of
$10,000 for continued support of this national celebration.

Sec. 3. Any remaining
balance of the appropriation made by section 2 of this act must not be committed
for expenditure after June 30, 1991, and reverts to the state general fund as
soon as all payments of money committed have been made.

AN ACT relating to local cultural
activities; creating the fund for local cultural activities; making an
appropriation; and providing other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 233C of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 and
3 of this act.

Sec. 2. 1. The fund for local cultural activities is
hereby created as a special revenue fund. The fund must be administered by the
trustee of the Music Performance Trust Funds, 1501 Broadway, New York City, New
York.

2. If the trustee
signifies his acceptance in writing to the secretary of state and furnishes a
copy of his acceptance to the state controller, money from the fund must be
paid out on claims by the trustee as other claims against the state are paid.

Sec. 3. 1. The trustee may use money from the fund for
local cultural activities to support concerts, operas, ballets and public
dances:

(a) Which are presented
in this state in public parks, public facilities, universities, colleges,
schools, hospitals and other institutions; and

(b) For which no fee is
charged to the public, students, patients or other persons for attendance.

2. The costs for
which the trustee may expend money from the fund include the compensation of
musicians, singers and necessary technicians, and the cost of their
transportation to and from performances.

3. The trustee may
use no more than 10 percent of the total money expended for the payment of
industrial insurance, unemployment compensation, federal taxes on employment
and similar charges. In addition, he may expend
money from the fund to pay his actual expenses of travel in administering the
fund.

expend money from the fund to pay his
actual expenses of travel in administering the fund.

4. Employment of
any performer or technician must comply with NRS 613.230 to 613.430, inclusive,
and no reference to arrangement through a labor organization may be made with
respect to any performance funded in whole or in part from the fund.

Sec. 4. 1. There
is hereby appropriated from the state general fund to the fund for local
cultural activities created pursuant to section 2 of this act the sum of
$100,000 for the purposes set forth in section 3 of this act.

2. Any remaining balance of the
appropriation made by subsection 1 must not be committed for expenditure after
June 30, 1991, and reverts to the state general fund as soon as all payments of
money committed have been made.

Sec. 5. This act expires by
limitation and any money deposited in the fund for local cultural activities
reverts immediately to the state general fund if:

1. The trustee of the Music Performance
Trust Funds fails to signify his acceptance of the administration of the fund
before January 1, 1990; or

2. After signifying his acceptance, the
trustee fails to administer the fund.

Sec. 6. This act becomes
effective on June 30, 1989.

________

CHAPTER 799, AB 539

Assembly Bill No.
539Assemblyman Dini

CHAPTER 799

AN ACT making an appropriation to
Yerington Grammar School No. 9 Restoration, Inc.; and providing other matters
properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to Yerington Grammar School No. 9
Restoration, Inc., the sum of $20,000 for the restoration of Yerington Grammar
School No. 9.

Sec. 2. Any remaining
balance of the appropriation made by section 1 of this act must not be
committed for expenditure after June 30, 1991, and reverts to the state general
fund as soon as all payments of money committed have been made.

Sec. 3. This act becomes
effective on June 30, 1989.

________

κ1989
Statutes of Nevada, Page 1942κ

CHAPTER 800, AB 540

Assembly Bill No.
540Assemblyman Dini

CHAPTER 800

AN ACT making an appropriation to Storey
County to establish a Comstock mining museum and to continue restoration of the
Fourth Ward School in Virginia City; and providing other matters properly
relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to Storey County for:

Sec. 2. Any remaining
balance of the sums appropriated by section 1 of this act must not be committed
for expenditure after June 30, 1991, and reverts to the state general fund as
soon as all payments of money committed have been made.

AN ACT making an appropriation to the
department of education for distribution to public broadcasting stations; and
providing other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. 1. There
is hereby appropriated from the state general fund to the department of
education the sum of $50,000 for distribution to public broadcasting stations.

2. The entire amount of the appropriation
must be distributed pursuant to sections 2 and 3 of this act.

Sec. 2. The superintendent
of public instruction shall distribute the money appropriated by section 1 of
this act to all nonprofit public broadcasting stations in Nevada. For the
purposes of this act, public broadcasting station means a station which is
licensed by the Federal Communications Commission as a noncommercial
educational station or to operate a low-power television or radio station on an
exclusively noncommercial basis and which:

3. Maintains power and an antenna height
sufficient to cover its service area with a primary-strength signal; and

4. Broadcasts programming devoted
primarily to serving the educational, informational and cultural needs of the
community.

The term does not include a station whose programming is
designed to further the principles of a particular religious philosophy.

Sec. 3. 1. The
sum appropriated by section 1 of this act must be distributed by the
superintendent of public instruction as follows:

(a) To the grant pool for public television, 75
percent; and

(b) To the grant pool for public radio, 25
percent.

2. After the money has been divided into
the grant pools for television and radio, those grant pools will be distributed
in the form of:

(a) A basic grant. An amount equal to 20 percent
of the television grant pool and of the radio grant pool must be used for basic
grants. Money from a basic grant must be distributed equally among the eligible
stations within each grant pool.

(b) An incentive grant. To encourage and reward
local efforts for nontax-based fund raising, the remaining 80 percent of the
television and radio grant pools must be used for incentive grants to stations.
Distribution of incentive grants must be based on each stations audited
statement of nontax-based income for the immediately preceding fiscal year. The
amount distributed to each station must represent that portion, expressed as a
percentage, which each stations nontax-based income represents in proportion
to the total of all nontax-based income reported by all eligible recipients
within each grant pool.

Sec. 4. Money appropriated
by section 1 of this act must not supplant or cause to be reduced any other
source of funding for such stations and must be used exclusively for the
benefit of a public broadcast station and not for general institutional
overhead or expenses of a parent organization.

Sec. 5. This act becomes
effective on June 30, 1989.

________

CHAPTER 802, AB 579

Assembly Bill No.
579Assemblymen Jeffrey

CHAPTER 802

AN ACT making an appropriation to Clark
County from the reserve fund for the supplemental city-county relief tax to
repair and maintain a water system for the residents of the Searchlight area;
and providing other matters properly relating thereto.

[Approved July 5, 1989]

whereas, The
placement and condition of the water storage tanks which serve the residents of
the area known as Searchlight cause the water pressure to be insufficient to
produce the effect needed for the operation of the areas fire hydrants; and

whereas, Many
of Searchlights municipal water pipes are undersized and many have holes that
need to be patched; and

whereas, These
deficiencies are coupled with the fact that the areas wells do not produce
enough water to serve the residents of Searchlight during the peak period of
use; and

whereas, These
conditions were unforeseen and uncontrollable, and substantially impair the
financial capacity of Clark County to provide one of the basic services for
which it was created; now therefore,

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. There is hereby
appropriated from the reserve fund for the supplemental city-county relief tax
created pursuant to NRS 354.5988 to Clark County the sum of $500,000 to
rehabilitate the water system serving the residents of the Searchlight area.

Sec. 2. Any remaining
balance of the appropriation made by section 1 of this act must not be
committed for expenditure after the project is completed, and reverts to the
reserve fund for the supplemental city-county relief tax as soon as all
payments of money committed have been made.

Sec. 3. As soon as
practicable after the effective date of this act, the state controller shall
transfer the money appropriated by section 1 of this act to the county
treasurer of Clark County.

Sec. 4. This act becomes
effective on June 30, 1989.

________

CHAPTER 803, AB 597

Assembly Bill No.
597Committee on Government Affairs

CHAPTER 803

AN ACT relating to county government;
allowing the board of county commissioners of any county to contract for
construction and lease-purchase of facilities; and providing other matters
properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 244.286 is
hereby amended to read as follows:

244.286 1. The board of
county commissioners of any county [whose
population is 250,000 or more] may enter into an agreement with a
[corporation incorporated to advance civic
interests in a county, under the provisions of NRS 81.350 to 81.400, inclusive,]person whereby the [corporation]person agrees to construct [an athletic]a
facility according to specifications adopted by the board of county
commissioners and thereupon enter into a lease-purchase agreement with the
board of county commissioners for that building or facility.

2. [Any
such]The board of county
commissioners may convey property to [such a
corporation]a person where the
purpose of the conveyance is the entering into of
an agreement contemplated by subsection 1.

3. The provisions
of NRS 338.010 to 338.090, inclusive, apply to any agreement for the construction
of a building or facility entered into pursuant to subsection 1.

________

CHAPTER 804, AB 830

Assembly Bill No.
830Committee on Government Affairs

CHAPTER 804

AN ACT relating to state land; authorizing
the state land registrar to convey certain land to Clark County in exchange for
land of equal value or utility to the state; and providing other matters
properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. The state land
registrar on behalf of the State of Nevada may in exchange for land of equal
value or utility to the state, convey by quitclaim deed to Clark County, all of
the right, title and interest of the State of Nevada in all or part of the
parcel of land described as follows:

AN ACT relating to health care; changing
the threshold for the review of certain proposed expenditures by or on behalf
of a health facility; requiring that a proposal to provide certain services be reviewed
by the director of the department of human resources; providing additional
exceptions to the requirement for review; and providing other matters properly
relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 439A.081 is
hereby amended to read as follows:

439A.081 1. The department
is the agency of the State of Nevada for health planning and development, and
shall carry out the state administrative program and perform the functions of
health planning and development for the state in accordance with the following
priorities:

(a) Providing for the effective use of methods
for controlling increases in the cost of health care;

(b) Providing for the adequate supply and
distribution of health resources;

(c) Providing for equal access to quality health
care at a reasonable cost; and

(d) Providing the public education regarding
proper personal health care and methods for the effective use of available
health services.

The department shall consult with and assist the council.

2. In order to carry out the provisions of
this chapter, the director may:

(a) Delegate the duties of the director and the
department pursuant to this chapter to the administrator and the division;

(b) Hire employees in the classified service;

(c) Adopt such regulations as are necessary; and

(d) Apply for, accept and disburse money granted
by the Federal Government for the purposes of health planning and development .[, including grants
made pursuant to the Federal Act.]

3. The department may, by regulation, fix
fees to be collected from applicants seeking approval of proposed health
facilities or services. The amounts of any such fees must be based upon the
departments costs of examining and acting upon the applications.

4. In developing and revising any state
plan for health planning and development, the department shall consider, among
other things, the amount of money available from the Federal Government for
health planning and development and the conditions attached to the acceptance
of such money, and the limitations of legislative appropriations for health
planning and development.

Sec. 2. NRS 439A.100 is
hereby amended to read as follows:

439A.100 1. Except as
provided in NRS 439A.103, no person may undertake any project described in
subsection 2 without first applying for and obtaining the written approval of
the director. The health division of the department of human resources shall
not issue a new license or alter an existing license for any project described
in subsection 2 unless the director has issued such an approval.

2. The projects for which this approval
is required are:

(a) Except as otherwise provided in subsection
3, any proposed expenditure by or on behalf of a health facility in excess of
the greater of [$2,000,000]$4,000,000 or such an amount as the department may
specify by regulation, which under generally accepted accounting principles
consistently applied is a capital expenditure;

(b) A proposal which increases the number of
licensed or approved beds in a health facility other than a hospital above the
total of the number of licensed beds and the number of additional beds which
have been approved pursuant to this subsection;

(c) A proposal which increases the number of
licensed and approved beds in a hospital through the addition of 10 or more
beds or a number of beds equal to 10 percent of the licensed or approved
capacity of that facility, whichever is less, over a period of 2 years;

(d) Except as otherwise provided in subsection
4, the proposed acquisition of any new or used medical equipment which has a
market value of more than [$2,000,000] $1,000,000 or such
an amount as the department may specify by regulation, whichever is greater;

[$2,000,000]$1,000,000 or such an amount as the department may
specify by regulation, whichever is greater;

(e) The acquisition of an existing health
facility if:

(1) The purchaser does not, within a
period specified by a regulation of the department, notify it of his intention
to acquire the facility; or

(2) The department finds, within 30 days
after it receives the notice, that in acquiring the facility the purchaser will
change the number of beds;

(f) The construction of a new health facility; [and]

(g) The conversion of an existing office of a
practitioner to a health facility, regardless of the cost of the conversion, if
the establishment of the office would have met the threshold for review of
costs pursuant to paragraph (a) or (d) [.]; and

(h) A proposal to
establish any of the following services:

(1) The intensive
care of newborn babies;

(2) The treatment
of burns;

(3) The
performance of open-heart surgery;

(4) The
transportation of patients by helicopter; or

(5) A center for
the treatment of trauma.

3. As used in
paragraph (d) of subsection 2, market value includes all costs associated
with the installation and acquisition of the equipment, whether it is acquired
by lease, rent, donation, contractual agreement, purchase, any method of
financing or any encumbrance of money.

4. The
provisions of paragraph (a) of subsection 2 do not include any capital
expenditure for:

(a) The acquisition of land;

(b) The construction of a facility for parking;

(c) The maintenance of a health facility;

(d) The renovation of a health facility to
comply with standards for safety, licensure, certification or accreditation;

(e) The installation of a system to conserve
energy;

(f) The installation of a system for data processing
or communication; or

(g) Any other project which, in the opinion of
the director, does not relate directly to the provision of any health service.

[4.]5. The provisions of paragraph (d) of
subsection 2 do not include acquisitions of medical equipment proposed
primarily to replace existing equipment. The person acquiring the replacement
equipment, within a period specified by regulation of the department, shall
notify it of his intention to acquire the equipment. The department shall by
regulation develop standards to determine whether the primary purpose of a
proposed acquisition is to replace existing equipment.

[5.]6. In reviewing an application for
approval, the director shall:

(a) Comparatively assess applications for
similar projects affecting the same geographic area; and

(b) Base his decision on criteria established by
the director by regulation.

The criteria must include:

(1) The need for and the appropriateness
of the project in the area to be served;

(2) The extent to which the project is
consistent with the state health plan;

(5) The extent to which the project is
consistent with the purposes set forth in NRS 439A.020 and the priorities set
forth in NRS 439A.081.

[6.]7. The department may by regulation
require additional approval for a proposed change to a project which has
previously been approved if the proposal would result in a change in the number
of existing beds or a change in the health services which are to be provided, a
change in the location of the project or a substantial increase in the cost of
the project.

[7.]8. The decision of the director is a final
decision for the purposes of judicial review.

Sec. 3. NRS 439A.103 is
hereby amended to read as follows:

439A.103 1. The
following projects are exempt from the requirements of NRS 439A.100:

(a) Any project to
increase the number of beds in a facility for skilled nursing or a facility for
intermediate care or to establish such a facility, if:

(1) The director
determines that, at the time the application for an exemption is made, the
proposed increase in the number of beds in a service area would not cause the
total number of beds to exceed by more than 15 percent the total need for beds
in that service area as set forth in the state health plan, and that the
increase is otherwise consistent with the requirements of the state health
plan; and

(2) The applicant
provides evidence satisfactory to the director that:

(I) He has secured
financing for the construction of the project;

(II) He owns or
has an option to purchase a proposed site that is properly zoned for the
project; and

(III) Sufficient
money has been committed for the first year of operation of the project.

If the applicant for any reason fails
to begin construction of the project within 1 year after the date of the
certificate of exemption issued pursuant to subsection 2, the exemption is
automatically revoked.

(b) Any project
related to a health maintenance organization [is
not exempt from review pursuant to NRS 439A.100 unless], if it is subject to review pursuant to 42 U.S.C. §
300m-6.

(c) Any project for the
development of a health facility that has received legislative approval and
authorization.

2. Upon
determining that a project satisfies the requirements for an exemption to NRS
439A.100, the director shall issue a certificate which states that the project
is exempt from the requirements of that section.

Sec. 4. NRS 449.087 is
hereby amended to read as follows:

449.087 1. A licensee must
obtain the approval of the health division to amend his
license to operate a facility before the addition of any of the
following services:

2. The health division shall approve an
application to amend a license to allow a facility to
provide any of the services described in subsection 1 [unless
it determines that the licensee has inadequate personnel or equipment for the
provision of the services.]if the
applicant satisfies the requirements contained in NRS 449.080. The health
division may [deny approval or]
revoke its approval if the licensee fails to [comply]maintain substantial compliance with standards
approved by the board for the provision of such services [.], or with any
conditions included in the written approval of the director issued pursuant to
the provisions of NRS 439A.100.

3. The board shall consider standards
adopted by appropriate national organizations as a guide for adopting standards
for the approval of the provision of services pursuant to this section.

Sec. 5. NRS 439A.014 is
hereby repealed.

Sec. 6. The amendatory
provisions of this act do not apply to any application for approval filed
pursuant to NRS 439A.100 or 449.087 on or before January 1, 1989.

Sec. 7. This act becomes
effective upon passage and approval.

________

CHAPTER 806, AB 860

Assembly Bill No. 860Assemblymen
Schofield

CHAPTER 806

AN ACT relating to petroleum products;
making various changes to the standards concerning the quality of fuel used in
internal combustion engines; making the state board of agriculture responsible
for enforcing those standards; authorizing the imposition of administrative
fines for certain violations; increasing the inspection fee; and providing
other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 590 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. The state board
of agriculture shall:

(a) Enforce the standards
relating to the quality of fuel established pursuant to NRS 590.070.

(b) Adopt regulations
specifying a schedule of fines that it may impose, upon notice and hearing, for
each violation of the provisions of NRS 590.070. The maximum fine that may be
imposed by the board for each violation must not exceed $5,000 per day. All
fines collected by the board pursuant to the regulations adopted pursuant to
this subsection must be remitted to the county treasurer of the county in which
the violation occurred for credit to the county school district fund.

2. The state board
of agriculture may:

(a) In addition to
imposing a fine pursuant to subsection 1, issue an order requiring a violator
to take appropriate action to correct the violation.

(b) Request the district
attorney of the appropriate county to investigate or file a criminal complaint
against any person that the board suspects may have violated any provision of
NRS 590.070.

Sec. 2. NRS 590.010 is
hereby amended to read as follows:

590.010 NRS 590.010 to 590.150,
inclusive, [shall]and section 1 of this act, may be known and cited as
the Nevada Petroleum Products Inspection Act.

Sec. 3. NRS 590.070 is
hereby amended to read as follows:

590.070 1. The state board of agriculture shall, by regulation, adopt
such portions of the most current standard specifications for fuel used in
internal combustion engines established by the American Society for Testing and
Materials as it deems appropriate to protect the residents of Nevada. The board
shall also review all changes made to those specifications by the American
Society for Testing and Materials and provide for the inclusion of those
changes in its regulations if it finds that those changes are appropriate for
Nevada.

2. It is
unlawful for any person, or any officer, agent or employee thereof, to sell,
offer for sale, [or] assist in the
sale of or permit to be sold or offered for sale, any petroleum or petroleum
product as, or purporting to be, gasoline, unless [the
same shall conform to the following specifications:

(a) It shall be free from
water and suspended matter.

(b) A clean copper strip
shall not show more than extremely slight discoloration when submerged in the
gasoline for 3 hours, at 122° F., the test being conducted in accordance with
the testing procedures approved by the state sealer of weights and measures.

(c) It shall distill,
within the following limits, when tested in accordance with the testing
procedures approved by the state sealer of weights and measures, using the low
distillation thermometer:

(1) When the
thermometer reads 167° F., not less than 10 percent shall be evaporated.

(2) When the
thermometer reads 284° F., not less than 50 percent shall be evaporated.

(3) When the
thermometer reads 392° F., not less than 90 percent shall be evaporated.

(4) The end point
shall not be higher than 437° F.

(5) At least 95
percent shall be recovered as distillate in the receiver from the distillation.

(6) The
distillation residue shall not exceed 2 percent.

(d) The sulfur content
shall not exceed 0.25 percent.

2.]it conforms with the regulations adopted by the state board of
agriculture pursuant to subsection 1.

3. This
section does not apply to aviation fuel.

[3. The
state sealer of weights and measures may adopt regulations establishing
emergency specifications for automotive gasoline as recommended by the American
Society for Testing and Materials.]

4. In addition to
any criminal penalty that may be imposed pursuant to the provisions of NRS
590.150, any person who violates any provision of this section may be further
punished as provided in section 1 of this act.

590.120 1. Every person, or
any officer, agent or employee thereof, shipping or transporting any gasoline
or lubricating oil into this state for sale or consignment, or with intent to
sell or consign the same, shall pay to the department of taxation with an
inspection fee of [one-twentieth]0.055 of a cent per gallon for every gallon of gasoline
or lubricating oil so shipped or transported into the state, or that is held
for sale within this state .[; but nothing]Nothing
in this section [shall be construed to require]requires the payment of an inspection fee on any
shipment or consignment of gasoline or lubricating oil when such inspection fee
has already been paid.

2. Of each
inspection fee paid to the department of taxation pursuant to this section,
0.005 of a cent per gallon must be transferred quarterly to an account in the
state general fund for the state board of agriculture. The state board of
agriculture shall use all money transferred pursuant to this subsection to pay
the expenses incurred in enforcing the provisions of NRS 590.070.

3. On or
before the 25th day of each calendar month, every person, or any officer, agent
or employee thereof, required to pay the inspection fee mentioned in subsection
1 shall send to the department of taxation a correct report of the gasoline or
oil volumes for the preceding month .[, and such report shall]The report must include a list of distributors or
retailers distributing or selling the products [.
Such report shall]and must be
accompanied by the required fees .[herein required due
the state on such gasoline and lubricating oil.

3.]4. Failure to send [such]the report and remittance as specified in
subsections 1 and [2 shall be]3 is a violation of NRS 590.010 to 590.150, inclusive,
punishable as provided in NRS 590.150.

Sec. 5. NRS 590.130 is hereby
amended to read as follows:

590.130 [All]Except as otherwise provided in subsection 2 of NRS
590.120, all inspection fees received by the department of taxation [shall]must
be deposited with the state treasurer for credit to the state general fund, and
all expenses incurred in carrying out the provisions of NRS 590.010 to 590.150,
inclusive, [shall]must be paid out of funds provided by direct
legislative appropriation.

Sec. 6. NRS 590.150 is
hereby amended to read as follows:

590.150 1. Any person, or
any officer, agent or employee thereof, who violates any of the provisions of
NRS 590.010 to 590.065, inclusive, or 590.073 to
590.140, inclusive, and section 1 of this act is
guilty of a misdemeanor.

2. Each such person, or any officer,
agent or employee thereof, shall be deemed guilty of a separate offense for
each day during any portion of which any violation of any provision of NRS
590.010 to 590.140, inclusive, and section 1 of this act
is committed, continued or permitted by such person, or any officer, agent or
employee thereof, and shall be punishable as provided in this section.

3. The selling and delivery of any
petroleum product mentioned in NRS 590.010 to 590.140, inclusive, [shall be]and
section 1 of this act is prima facie evidence of
the representation on the part of the vendor that the quality sold and
delivered was the quality bought by the vendee.

AN ACT relating to children; authorizing
the conditional sharing of certain confidential information; changing the name
of the Nevada girls training center; making various changes concerning the
administration of certain facilities for children; abolishing the requirement
of a minimum age for treatment by the state of an emotionally disturbed child;
and providing other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 232.357 is
hereby amended to read as follows:

232.357 The divisions of the department,
in the performance of their official duties, may share information in their
possession amongst themselves which is otherwise declared confidential by
statute, if the confidentiality of the information is otherwise maintained
under the terms and conditions required by law. The
divisions of the department may share confidential information with agencies of
local governments which are responsible for aiding the department in its
official duties if the confidentiality of the information is otherwise
maintained under the terms and conditions required by law.

Sec. 2. NRS 232.420 is
hereby amended to read as follows:

232.420 The youth services division in
the department consists of an administrator and the following bureaus:

1. Nevada youth training center bureau.

2. [Nevada
girls training]Caliente youth
center bureau.

3. Northern Nevada childrens home
bureau.

4. Southern Nevada childrens home
bureau.

5. Bureau of services for child care.

6. Youth parole bureau.

Sec. 3. NRS 232.440 is
hereby amended to read as follows:

232.440 1. The administrator
shall appoint, with the approval of the director, a chief of each of the
bureaus in the division. The chiefs are designated respectively as:

(a) The superintendent of the Nevada youth
training center;

(b) The superintendent of the [Nevada girls training]Caliente youth center;

2. The administrator is responsible for
the administration, through the division, of the provisions of chapters 210 and
423 of NRS and NRS 232.400 to 232.460, inclusive, and all other provisions of
law relating to the functions of the division but is not responsible for the
professional activities of the components of the division except as
specifically provided by law.

Sec. 4. NRS 232.450 is
hereby amended to read as follows:

232.450 1. The [superintendents]superintendent
of the Nevada youth training center [, the Nevada
girls training center, the northern Nevada childrens home and the southern
Nevada childrens home]and the
superintendent of the Caliente youth center are in the unclassified
service of the state unless federal law or regulation required otherwise.

2. The chief of the bureau of services
for child care , the superintendent of the northern
Nevada childrens home, the superintendent of the southern Nevada childrens
home and the chief of the youth parole bureau are in the classified
service of the state.

Sec. 5. NRS 62.211 is hereby
amended to read as follows:

62.211 1. If the court finds
that the child is within the purview of this chapter, except as otherwise
provided in subsection 3, it shall so decree and may:

(a) Place the child under supervision in his own
home or in the custody of a suitable person elsewhere, upon such conditions as
the court may determine. A program of supervision in the home may include
electronic surveillance of the child. The legislature declares that a program
of supervision that includes electronic surveillance is intended as an
alternative to commitment and not as an alternative to probation, informal
supervision or a supervision and consent decree.

(b) Commit the child to the custody or to the
guardianship of a public or private institution or agency authorized to care
for children, or place him in a home with a family. In committing a child to a
private institution or agency the court shall select one that is required to be
licensed by the department of human resources to care for such children, or, if
the institution or agency is in another state, by the analogous department of
that state. The court must not commit a female child to a private institution
without prior approval of the superintendent of the [Nevada
girls training]Caliente youth
center, and must not commit a male child to a private institution without prior
approval of the superintendent of the Nevada youth training center.

(c) Commit the child to the custody of the youth
services division of the department of human resources for suitable placement
in a public or private institution or agency authorized to care for children,
if the child is between the ages of 8 and 12, and but for the age of the child,
the court would have committed the child to the [Nevada
girls training]Caliente youth
center or the Nevada youth training center.

(d) Order such medical, psychiatric, psychologic
or other care and treatment as the court deems to be for the best interests of
the child; except as otherwise provided in this section.

(e) Order the parent, guardian, custodian or any
other person to refrain from continuing the conduct which, in the opinion of
the court, has caused or tended to cause the child to come within or remain
under the provisions of this chapter.

(f) Place the child, when he is not in school,
under the supervision of a public organization to work on public projects or a
private nonprofit organization to perform public service. The person under
whose supervision the child is placed shall keep the child busy and well
supervised and shall make such reports to the court as it may require.

(g) Permit the child to reside in a residence
without the immediate supervision of an adult, or exempt the child from
mandatory attendance at school so that the child may be employed full time, or
both, if the child is at least 16 years of age, has demonstrated the capacity
to benefit from this placement or exemption and is under the strict supervision
of the juvenile division.

(h) Require the child to provide restitution to
the victim of the crime which the child has committed.

(i) Impose a fine on the child.

2. If the court finds that the child is a
serious or chronic offender, it may, in addition to the options set forth in
subsection 1:

(a) Commit the child for confinement in a secure
facility, including a facility which is secured by its staff.

(b) Impose any other punitive measures the court
determines to be in the best interests of the public.

3. If the court finds that the child is
within the purview of paragraph (a) of subsection 1 of NRS 62.040 and has not
previously been the subject of a complaint under NRS 62.128 before committing
the acts for which the petition was filed, the court shall:

(a) Admonish the child to obey the law and to
refrain from repeating the acts for which the petition was filed, and maintain
a record of the admonition; and

(b) Refer the child, without adjudication, to
services available in the community for counseling, behavioral modification and
social adjustment.

A child must not be adjudicated to be a child in need of
supervision unless a subsequent petition based upon additional facts is filed
with the court after admonition and referral pursuant to this subsection.

4. At any time, either on its own
volition or for good cause shown, the court may terminate its jurisdiction
concerning the child.

5. Whenever the court commits a child to
any institution or agency pursuant to this section, it shall transmit a summary
of its information concerning the child and order the administrator of the school
that the child last attended to transmit a copy of the childs educational
records to the institution or agency. The institution or agency shall give to
the court any information concerning the child that the court may require.

Sec. 6. NRS 62.321 is hereby
amended to read as follows:

62.321 1. Whenever a child
is committed by the court to custody other than that of its parents, and no
provision is otherwise made by law for the support of the child, compensation
for the care of the child while in such custody, when approved by order of the
court, is a charge upon the county where the child has a legal residence. If a
female child is committed to a private institution within the state, any
compensation for the care of the child which is not paid by a parent must be
paid by the state from money budgeted for by and appropriated to the [Nevada girls training]Caliente youth center bureau of the youth services
division of the department of human resources.

A commitment must not be made to such a private institution
until the court has ascertained from the superintendent of the institution that
sufficient money is available for such compensation. This subsection does not
prohibit the payment of compensation by the [Nevada
girls training]Caliente youth
center bureau from money appropriated for that purpose to schools outside the
state to which female children are committed pursuant to the provisions of NRS
210.580.

2. Notwithstanding any provision made by
law of this state for the support of such children, after the parent has been
given a reasonable opportunity to be heard, the court may order and decree that
the parent pay, in such a manner as the court may direct and within the
parents ability to pay, a sum of money to cover in whole or in part the
support of the child. If the parent willfully fails or refuses to pay the sum,
the court may proceed against him for contempt of court.

3. Whenever the court orders the parent
or parents of a child to pay for the support of a child, as provided in this
section, the money must be paid to the superintendent or fiscal officer of the
institution to which the child is committed.

Sec. 7. NRS 62.325 is hereby
amended to read as follows:

62.325 1. Except as
otherwise provided in this subsection, if a child is committed to the custody
of a regional facility for children, the court may order that the expense of
the childs support and maintenance be paid by the county of the childs
residence in an amount equal to any money paid for that purpose by the
division. Such an order may not be entered if the county maintains the facility
to which the child is committed.

2. The court may order that the parents,
guardian or other person liable for the support and maintenance of the child
reimburse the county in whole or in part for the expense of the childs support
and maintenance.

3. This section does not prohibit the
court from providing for the support and maintenance of the child in any other
manner authorized by law.

4. As used in this section:

(a) Division means the youth services division
of the department of human resources.

(b) Regional facility for children includes:

(1) The institution in Douglas County
known as China Springs Youth Camp.

(2) The institution in Clark County known
as Spring Mountain Youth Camp.

(3) Any other institution established and
maintained for the care of minors adjudged delinquent and committed thereto,
except the Nevada youth training center and the [Nevada
girls training]Caliente youth
center.

Sec. 8. NRS 202.010 is
hereby amended to read as follows:

202.010 1. Except as otherwise provided in subsections 2 and 3, it [shall be]is
unlawful for any person or persons, firm, association, corporation or managing
agent of any person, firm, association or corporation to sell, give away [,] or offer to sell cigarettes, cigarette
paper or any tobacco of any description to any person under the age of 18
years.

2. Upon the written order of the parent
or guardian of the minor, the person applied to may give or sell to the minor,
for the use of the guardian or parent, cigarettes,
cigarette paper [,] or tobacco of any description.

parent, cigarettes, cigarette paper [,]
or tobacco of any description. The written request [shall]must be kept on file by the seller or giver of
the article so sold or given away.

3. The superintendent of the Nevada youth
training center and the superintendent of the [Nevada
girls training]Caliente youth
center may sell or supply cigarettes, cigarette paper, tobacco or tobacco products
to any minor 16 years of age or older confined in any institution under his
supervision, if the guardian or parent of such minor consents thereto.

4. Any person violating any provision of
this section shall be punished by a fine of not more than $500.

5. If any dealer in cigarettes, cigars
and tobacco [shall be]is convicted twice for the commission of the offense
described in subsection 1, he [shall forfeit]forfeits his license or licenses for carrying on
his business, and no license [shall]may be again granted to him for a like business
in this state.

Sec. 9. NRS 209.301 is
hereby amended to read as follows:

209.301 The department may, with the
consent of the superintendent of the Nevada youth training center or the
superintendent of the [Nevada girls training]Caliente youth center, transfer to the Nevada
youth training center or the [Nevada girls
training]Caliente youth center any
minor persons who are confined in an institution or facility of the department.

Sec. 10. NRS 210.400 is hereby
amended to read as follows:

210.400 As used in NRS 210.400 to
210.715, inclusive:

1. Administrator means the
administrator of the youth services division in the department of human
resources.

2. Director means the director of the
department of human resources.

3. School means the [Nevada girls training]Caliente youth center.

4. Superintendent means the
superintendent of the school.

5. Youth parole bureau means the youth
parole bureau of the youth services division in the department of human
resources.

Sec. 11. NRS 210.520 is
hereby amended to read as follows:

210.520 1. The
superintendent shall cause a department of instruction to be organized for the
inmates of the school, with programs of study corresponding so far as practicable
to programs of study given in the elementary and high schools of the state.

2. The superintendent may arrange for
industrial training and the teaching of various trades, and he may purchase
such supplies and equipment as may be necessary for the teaching of such
programs of study.

3. If deemed practicable, and with the
concurrence of the board of trustees of the Lincoln County school district,
inmates of the school may be enrolled for instruction in the county school
district system, and the superintendent of the [Nevada
girls training]Caliente youth
center or the county school district shall provide transportation for such
inmates to the public schools.

4. The superintendent may also arrange
for the employment of inmates upon ranches, farms, and in other private
occupations during the summer vacation months and for other periods which he
deems proper for the full utilization of the inmates time and productive
capacity, but the inmates [shall]must not be compelled to accept such private employment
against their desires. For the purposes of this section, the amounts to be paid
to the inmates and working conditions under which they shall be employed [shall]must be
determined by the superintendent and the employer, and any amounts paid
[shall,] must, at the discretion of the superintendent, be paid in whole or in
part to the inmate or to the superintendent for safekeeping as provided for in
NRS 210.560.

must be determined by the
superintendent and the employer, and any amounts paid [shall,]must, at the discretion of the superintendent, be
paid in whole or in part to the inmate or to the superintendent for safekeeping
as provided for in NRS 210.560.

5. The ultimate purpose of all such
instruction, training, employment and industry [shall
be]is to qualify inmates for
profitable and honorable employment, and to enable them to lead useful lives
after their release from the school.

Sec. 12. NRS 210.550 is
hereby amended to read as follows:

210.550 Gifts of money which the school
is authorized to accept must be deposited in the state treasury for credit to
the [girls training]Caliente youth centers gift account in the department
of human resources gift fund. The money in the account must be used for school
purposes only, and expended in accordance with the terms of the gift. All
claims must be approved by the superintendent before they are paid.

Sec. 13. NRS 210.560 is
hereby amended to read as follows:

210.560 1. The
superintendent may accept money and other valuables of inmates for safekeeping
pending their discharges, and shall deposit any such money in a trust fund
which he shall establish in a bank or in a savings and loan association
qualified to receive deposits of public money. The superintendent shall keep a
full account of any such money and valuables, and shall submit reports to the
administrator relative to them as may be required from time to time.

2. The superintendent may transfer the
amount of any uncashed check issued by the school to an inmate to the [girls training]Caliente
youth centers gift account after 1 year from the date the check was
issued. Each check so issued must be stamped void after 1 year from date of
issue.

Sec. 14. NRS 210.740 is
hereby amended to read as follows:

210.740 The chief of the youth parole
bureau shall:

1. Supervise all persons released on
parole from the Nevada youth training center and the [Nevada
girls training]Caliente youth
center, and all persons released by other states for juvenile parole in Nevada
pursuant to interstate compact.

2. Furnish to each person so paroled a
written statement of the conditions of the parole and instructions regarding
those conditions.

3. Keep himself informed concerning the
conduct and condition of all persons under his supervision.

4. Coordinate his functions with those of
the superintendents of the Nevada youth training center and the [Nevada girls training]Caliente youth center.

Sec. 15. NRS 210.750 is
hereby amended to read as follows:

210.750 1. Each person who
is paroled from the Nevada youth training center or the [Nevada
girls training]Caliente youth
center must be placed in a reputable home and in either an educational or work
program or both. The chief of the youth parole bureau may pay the expenses
incurred in providing alternative placements for residential programs and for
structured nonresidential programs from money appropriated to the bureau for
that purpose.

2. The chief may accept money of parolees
for safekeeping pending their discharges from parole. The chief must deposit
the money in federally insured accounts in banks or
savings and loan associations.

insured accounts in banks or savings and loan associations.
He shall keep or cause to be kept a fair and full account of the money, and
shall submit such reports concerning the accounts to the administrator or the
youth services division of the department of human resources as the
administrator may require.

3. When any person so paroled has proven
his ability to make an acceptable adjustment outside the center or, in the
opinion of the chief, is no longer amenable to treatment as a juvenile, the
chief shall apply to the committing court for a dismissal of all proceedings
and accusations pending against the person.

4. Before the chief recommends that the
committing court revoke a persons parole, he shall ascertain from the
superintendent of the appropriate center whether adequate facilities remain
available at the center to provide the necessary care for the person. If the
superintendent advises that there are not such facilities available, there is
not enough money available for support of the person at the center, or that the
person is not suitable for admission to the center, the chief shall report that
fact to the court and recommend a suitable alternative.

Sec. 16. NRS 277.065 is
hereby amended to read as follows:

277.065 1. Within the limits
of legislative appropriations, the department of education, the county school
districts of the various counties of the state, the Nevada youth training
center bureau and the [Nevada girls training]Caliente youth center bureau of the youth
services division of the department of human resources may enter into
cooperative arrangements for [the purpose of]
improving the quality of the academic and occupational education provided at
the Nevada youth training center and [Nevada
girls training]Caliente youth
center.

2. This authorization includes the right
to pay over money appropriated to the Nevada youth training center or [Nevada girls training]Caliente youth center to the department of education or
to a county school district when necessary to accomplish the purpose of this
section.

Sec. 17. NRS 281.210 is
hereby amended to read as follows:

281.210 1. Except as otherwise provided in this section, it is unlawful for
any [individual]person acting as a school trustee, state, township,
municipal or county [official,]officer, or as an employing authority of the University
of Nevada, any school district or of the state, any town, city or county, or for
any state or local board, agency or commission, elected or appointed, to employ
in any capacity on behalf of the State of Nevada, or any county, township,
municipality or school district thereof, or the University of Nevada, any
relative of such [individual]a person or of any member of such a board, agency or commission, within the third degree
of consanguinity or affinity.

2. This section does not apply:

(a) To school districts, when the teacher or
other school employee so related is not related to more than one of the
trustees or person who is an employing authority by consanguinity or affinity
and [shall receive]receives a unanimous vote of all members of the board
of trustees and approval by the state department of education.

(b) To school districts, when the teacher or
other school employee so related has been employed by an abolished school
district or educational district, which constitutes a part of the employing
county school district, and the county school district for 4 years or more [prior to]before
April 1, 1957.

(c) To the [wife]spouse of the warden of an institution or manager
of a facility of the department of prisons.

(d) To the [wife]spouse of the superintendent of the [Nevada girls training]Caliente youth center.

(e) To relatives of blind officers and employees
of the bureau of services to the blind of the rehabilitation division of the department
of human resources when such relatives are employed as automobile drivers for
such officers and employees.

3. Nothing in this section:

(a) Prevents any officer in this state, employed
under a flat salary, from employing any suitable person to assist in any such
employment, when the payment for any such service [shall
be]is met out of the personal
funds of [such]the officer.

(b) Disqualifies any widow with a dependent or
dependents as an employee of any officer or board in this state, or any of its
counties, townships, municipalities or school districts.

4. A person employed contrary to the
provisions of this section [shall]must not be compensated for such employment.

5. Any person violating any provisions of
this section is guilty of a gross misdemeanor.

Sec. 18. NRS 334.010 is
hereby amended to read as follows:

334.010 1. No automobile may
be purchased by any department, office, bureau, officer or employee of the
state without prior written consent of the state board of examiners.

2. All such automobiles may be used for
official purposes only.

3. All such automobiles, except:

(a) Automobiles maintained for and used by the
governor;

(b) Automobiles used by or under the authority
and direction of the chief parole and probation officer, the state contractors
board and auditors, the state fire marshal, the investigation division of the
department of motor vehicles and public safety and investigators of the state
gaming control board and the attorney general;

(c) One automobile used by the department of
prisons;

(d) Two automobiles used by the [Nevada girls training]Caliente youth center;

(e) Three automobiles used by the Nevada youth
training center; and

(f) Four automobiles used by the youth parole
bureau of the youth services division of the department of human resources,

must be labeled by painting the words State of Nevada and
For Official Use Only thereon in plain lettering. The director of the
department of general services or his representative shall prescribe the size
and location of the label for all such automobiles.

4. Any officer or employee of the State
of Nevada who violates any provision of this section is guilty of a
misdemeanor.

389.020 1. In all public
schools, the [Nevada girls training center,]Caliente youth center and the Nevada youth
training center, instruction must be given in American government, including
but not limited to the essentials of the Constitution of the United States, the
constitution of the State of Nevada, the origin and history of the
constitutions and the study of and devotion to American institutions and
ideals.

2. The instruction required in subsection
1 must be given during at least 1 year of the elementary school grades and for
a period of at least 1 year in all high schools.

Sec. 20. NRS 389.035 is
hereby amended to read as follows:

389.035 No pupil in any public high
school, the [Nevada girls training]Caliente youth center or the Nevada youth
training center may receive a certificate or diploma of graduation without
having passed a course in American government and American history as required
by NRS 389.020 and 389.030.

Sec. 21. NRS 391.090 is
hereby amended to read as follows:

391.090 1. Any person who
is:

(a) Granted a license to teach or perform other
educational functions in the public schools of Nevada, in the school conducted
at the Nevada youth training center or the [Nevada
girls training]Caliente youth
center or for any program of instruction for kindergarten or grades 1 to 12,
inclusive, conducted at any correctional institution in the department of
prisons; or

(b) Charged with the duty at the Nevada youth
training center or the [Nevada girls training]Caliente youth center of giving instruction in
the Constitution of the United States and the constitution of the State of
Nevada, must show, by examination or credentials showing college, university or
normal school study, satisfactory evidence of adequate knowledge of the origin,
history, provisions and principles of the Constitution of the United States and
the constitution of the State of Nevada.

2. The commission may grant a reasonable
time for compliance with the terms of this section.

Sec. 22. NRS 433A.500 is
hereby amended to read as follows:

433A.500 1. An emotionally
disturbed child is any child who has [attained
the age of 2 years but has] not attained the age of 18 years,
whose progressive development of personality is interfered with or arrested by
mental disorder so that he shows impairment in the capacity expected of him for
his age and endowment for:

(a) A reasonably accurate perception of the
world around him;

(b) Control of his impulses;

(c) Satisfying and satisfactory relationships
with others;

(d) Learning; or

(e) Any combination of these factors.

2. The treatment provided an emotionally
disturbed child must be designed to facilitate the adjustment and effective
functioning of that child in his present or anticipated situation in life, and
includes:

(3) Classes for parents in effective
techniques for the management of children;

(4) Individual therapy for children; and

(5) Evaluation of the child, including
personal assessments and studies of individual social environments;

(b) Services for the care of children during the
day, involving educational programs and therapy programs provided after school
or for half a day;

(c) In cooperation with the welfare division of
the department, placement in transitional homes operated by professionally
trained parents working in close consultation with the administrative officer
and his staff; and

444.330 1. The health
division has supervision over the sanitation, healthfulness, cleanliness and
safety, as it pertains to the foregoing matters, of the following state
institutions:

(a) Institutions and facilities of the
department of prisons.

(b) Nevada mental health institute.

(c) Nevada youth training center.

(d) [Nevada girls
training]Caliente youth center.

(e) Northern Nevada childrens home.

(f) Southern Nevada childrens home.

(g) University of Nevada System.

2. The state board of health may adopt
regulations pertaining thereto as are necessary to promote properly the
sanitation, healthfulness, cleanliness and, as it pertains to the foregoing
matters, the safety of such institutions.

3. The state health officer or his
authorized agent shall inspect such institutions at least once each calendar
year and whenever he deems an inspection necessary to carry out the provisions
of this section.

4. The state health officer may publish
reports of such inspections.

5. All persons charged with the duty of
maintenance and operation of the institutions named in this section shall
operate such institutions in conformity with the regulations adopted by the
state board of health pursuant to subsection 2.

6. The state health officer or his
authorized agent may, in carrying out the provisions of this section, enter
upon any part of the premises of any of the institutions named in this section
over which he has jurisdiction, to determine the sanitary conditions of such
places and to determine whether the provisions of this section and the
regulations of the state board of health pertaining thereto are being violated.

Sec. 24. NRS 482.368 is
hereby amended to read as follows:

482.368 1. Except as
provided in subsection 2, the department shall provide suitable distinguishing
plates for exempt vehicles. These plates must be provided at cost and must be
displayed on the vehicles in the same manner as provided for privately owned
vehicles. Any license plates authorized by this section must be immediately returned
to the department when the vehicle for which they were issued ceases to be used
exclusively for the purpose for which it was exempted from the privilege and
use tax.

(a) Those automobiles which are maintained for
and used by the governor or under the authority and direction of the chief
parole and probation officer, the state contractors board and auditors, the
state fire marshal, the investigation division of the department and any
authorized federal or out-of-state law enforcement agency;

(b) One automobile used by the department of
prisons, three automobiles used by the department of wildlife, two automobiles
used by the [Nevada girls training center,]Caliente youth center and four automobiles used
by the Nevada youth training center;

(c) Vehicles of a city, county or the state,
except any assigned to the state industrial insurance system, if authorized by
the department for purposes of law enforcement or work related thereto or such
other purposes as are approved upon proper application and justification; and

(d) Automobiles maintained for and used by
investigators of the following:

(1) The state gaming control board;

(2) The division of brand inspection of
the state department of agriculture;

(3) The attorney general;

(4) City or county juvenile officers;

(5) District attorneys offices;

(6) Public administrators offices;

(7) Public guardians offices;

(8) Sheriffs offices; and

(9) Police departments in the state,

must not bear any distinguishing mark which would serve to
identify the automobiles as owned by the state, county or city. These license plates
must be issued annually for $12 per plate or, if issued in sets, per set.

3. The director may enter into agreements
with departments of motor vehicles of other states providing for exchanges of
license plates of regular series for automobiles maintained for and used by
investigators of the law enforcement agencies enumerated in paragraph (d) of
subsection 2, subject to all of the requirements imposed by that paragraph,
except that the fee required by that paragraph must not be charged.

4. Applications for the licenses must be
made through the head of the department, board, bureau, commission, school
district or irrigation district, or through the chairman of the board of county
commissioners of the county or town or through the mayor of the city, owning or
controlling the vehicles, and no plate or plates may be issued until a
certificate has been filed with the department showing that the name of the
department, board, bureau, commission, county, city, town, school district or
irrigation district, as the case may be, and the words For Official Use Only
have been permanently and legibly affixed to each side of the vehicle, except
those automobiles enumerated in subsection 2.

5. For the purposes of this section,
exempt vehicle means a vehicle exempt from the privilege tax, except one
owned by the United States.

6. The department shall adopt regulations
governing the use of all license plates provided for in this section. Upon a
finding by the department of any violation of its
regulations, it may revoke the violators privilege of registering vehicles
pursuant to this section.

violation of its regulations, it may revoke the violators
privilege of registering vehicles pursuant to this section.

Sec. 25. NRS 502.077 is
hereby amended to read as follows:

502.077 1. The department
shall issue special fishing permits to the administrative head of:

(a) The Nevada mental health institute;

(b) The Las Vegas mental health center;

(c) The Northern Nevada childrens home;

(d) The Southern Nevada childrens home;

(e) The Nevada youth training center;

(f) The [Nevada
girls training]Caliente youth
center;

(g) The Spring Mountain Youth Camp;

(h) The China Springs
Youth Camp;

(i) Any facility
which provides temporary foster care for children who are not delinquent; and

[(i)](j) Such other public or charitable institutions
or organizations as are designated by regulations adopted by the commission,

for use only by the members, patients or children of such
institutions or organizations.

2. The permits:

(a) Must be in the possession of the officer or
employee who is supervising a member, patient or child while he is fishing.

(b) Authorize a member, patient or child to fish
in a legal manner if in the company of an officer or employee of one of the
institutions listed in this section, or of an organization provided for by
regulation, if the officer or employee has a valid Nevada fishing license.

(c) Must be issued pursuant and subject to
regulations prescribed by the commission.

(d) Must contain the words Nevada Special
Fishing Permit and the number of the permit printed on the face of the permit.

(e) May authorize no more than 15 members,
patients or children, respectively, to fish.

3. Each institution or organization shall
pay to the department an annual fee of $15 for each permit issued to the
institution or organization pursuant to this section. The department shall not
issue more than two permits per year to each institution or organization.

4. It is unlawful for any person other
than a member, patient or child in one of these organizations or institutions
to fish with a permit issued by the department pursuant to this section.

Sec. 26. NRS 644.460 is
hereby amended to read as follows:

644.460 1. The following
persons are exempt from the provisions of this chapter:

(a) All persons authorized by the laws of this
state to practice medicine, dentistry, osteopathic medicine, chiropractic or
podiatry.

(b) Commissioned medical officers of the United
States Army, Navy, or Marine Hospital Service when engaged in the actual
performance of their official duties, and attendants attached to those
services.

(c) Barbers, insofar as their usual and ordinary
vocation and profession is concerned, when engaged in any of the following
practices:

(2) Massaging, cleansing, stimulating,
exercising or similar work upon the scalp, face or neck of any person, with the
hands or with mechanical or electrical apparatus or appliances, or by the use
of cosmetic preparations, antiseptics, tonics, lotions or creams.

2. Any school of cosmetology conducted as
part of the vocational rehabilitation training program of the department of
prisons or the [Nevada girls training]Caliente youth center:

(a) Is exempt from the requirements of paragraph
(c) of subsection 2 of NRS 644.400.

(b) Notwithstanding the provisions of NRS
644.395, shall maintain a staff of at least one licensed instructor.

Sec. 27. On October 1, 1989,
the state controller shall transfer any money in the girls training centers
gift account in the department of human resources gift fund, which has not
been committed for expenditure before October 1, 1989, to the Caliente youth
centers gift account in the department of human resources gift fund.

Sec. 28. Section 5 of this
act becomes effective at 12:02 a.m. on October 1, 1989.

Sec. 29. The legislative
counsel shall, in preparing the supplement to Nevada Revised Statutes with
respect to any section which is not amended by this act or is adopted or
amended by another act, change any reference to the Nevada girls training
center to refer to the Caliente youth center.

AN ACT making an appropriation to the
interim finance committee for equipment and services to accomplish
reapportionment and redistricting; and providing other matters properly
relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the interim finance committee the
sum of $450,000 for computer equipment, computer software, consulting services,
training of personnel and any other materials or services necessary to
accomplish redistricting and reapportionment. All contracts for materials or
services to be paid for out of the appropriation must be approved by the
interim finance committee.

Sec. 2. Any remaining
balance of the appropriation made by section 1 of this act must not be
committed for expenditure after June 30, 1991, and reverts to the state general
fund as soon as all payments of money committed have been made.

AN ACT relating to public works;
clarifying that the construction of facilities for the University of Nevada
System, jails and prisons are public works; and providing other matters
properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 338.010 is
hereby amended to read as follows:

338.010 As used in this chapter:

1. Day labor means all cases where
public bodies, their officers, agents or employees, hire, supervise and pay the
wages thereof directly to a workman or workmen employed by them on public works
by the day and not under a contract in writing.

2. Public body means the state, county,
city, town, school district or any public agency of this state or its political
subdivisions sponsoring or financing a public work.

3. Public work means any project for
the new construction, repair or reconstruction [of
public buildings, public highways, public roads, public streets and alleys,
public utilities paid for in whole or in part by public funds, publicly owned
water mains and sewers, public parks and playgrounds, and all]of:

(a) A project financed in
whole or in part from public money for:

(1) Public
buildings;

(2) Jails and
prisons;

(3) Public roads;

(4) Public
highways;

(5) Public streets
and alleys;

(6) Public
utilities which are financed in whole or in part by public money;

(7) Publicly owned
water mains and sewers;

(8) Public parks
and playgrounds; and

(9) All
other publicly owned works and property whose cost as a whole exceeds $20,000.
Each separate unit which is a part of a project is included in the cost of the
project for the purpose of determining whether a project meets this threshold.

(b) A building for the
University of Nevada System of which 25 percent or more of the costs of the
building as a whole are paid from money appropriated by the state or federal
money.

(b) The amount of pension, health and welfare,
vacation and holiday pay, the cost of apprenticeship training or other similar
programs, or other bona fide fringe benefits which are a benefit to the
workman.

AN ACT relating to state legislators;
standardizes provisions governing states group insurance program by increasing
the time before a legislator becomes eligible for participation in the program;
and providing other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 287.045 is
hereby amended to read as follows:

287.045 1. Except as otherwise provided in subsections 2 and 4, every
officer or employee of the state is eligible to participate in the program on
the first day of the month following the completion of 90 days of full-time
employment.

2. Professional employees of the
University of Nevada System who have annual employment contracts are eligible
to participate in the program on:

(a) The effective dates of their respective
employment contracts, if those dates are on the first day of a month; or

(b) The first day of the month following the
effective dates of their respective employment contracts, if those dates are
not on the first day of a month.

3. Every officer or employee who is
employed by a participating public agency on a permanent and full-time basis on
the date the agency enters into an agreement to participate in the states
group insurance program, and every officer or employee who commences his
employment after that date is eligible to participate in the program on the
first day of the month following the completion of 90 days of full-time
employment.

4. Every senator and assemblyman is
eligible to participate in the program [at any
time]on the first day of the month
following the 90th day after his initial
term of office begins.

Sec. 2. This act becomes
effective upon passage and approval.

________

κ1989
Statutes of Nevada, Page 1967κ

CHAPTER 811, AB 949

Assembly Bill No.
949Assemblymen Callister and Jeffrey

CHAPTER 811

AN ACT relating to the legislature;
authorizing the imposition of a fine against a person who fails or refuses to
comply with a legislative subpena; and providing other matters properly
relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 218.5337 is
hereby amended to read as follows:

218.5337 1. If the house
finds by resolution that the recusant witness has in fact committed a contempt [and should be imprisoned, a warrant shall issue.

2. The warrant
shall]:

(a) The witness may be
required to pay a fine of not less than $100 nor more than $1,000, as fixed by
the resolution, for each day he remains in contempt.

(b) A warrant for the
arrest of the witness must be issued if the house finds that the witness should
be imprisoned.

2. A warrant
issued pursuant to subsection 1 must be signed by the presiding officer,
be directed to the sergeant at arms of the house or any peace officer, and
order him to arrest the contemner and deliver him to the sheriff of Carson City
or a designated county for imprisonment in the jail.

3. A copy of the warrant [shall]must
be delivered with the contemner, and [shall
further]must fix the time of his
imprisonment as:

(a) The remaining duration of the legislative
session; or

(b) A specified time, unless the legislature
sooner adjourns.

The warrant may provide for the release of the contemner
before the expiration of his period of imprisonment if he testifies or produces
evidence as originally required.

________

CHAPTER 812, AB 954

Assembly Bill No.
954Committee on Government Affairs

CHAPTER 812

AN ACT relating to statutes; making
technical corrections to measures previously approved by the 65th session of
the legislature; and providing other matters properly relating thereto.

630.164 1. [The]A
board of county commissioners [of a county whose
population is less than 18,000] may petition the board of medical
examiners to waive the requirements of paragraph (d) of subsection 2 of NRS
630.160 for any applicant intending to practice medicine in a medically underserved area of that county [.]as that term
is defined by the officer of rural health of the University of Nevada School of
Medicine. The board of medical examiners may waive that requirement and
issue a license if the applicant:

(a) Is a graduate of a
medical school in the United States or Canada approved by the Liaison Committee
for Medical Education of the American Medical Association or the Committee for
Accreditation of Canadian Medical Schools of the Canadian Medical Association,
respectively;

(b) Has completed at
least 1 year of training as a resident in the United States or Canada in a
program approved by the Accreditation Council for Graduate Medical Education of
the American Medical Association or the Coordinating Council of Medical
Education of the Canadian Medical Association, respectively; [and]

(c) Has
a minimum of 5 years of practical medical experience as a licensed allopathic
physician in the United States or Canada; and

(d) Meets
all other conditions and requirements for a license to practice medicine.

2. Any person
licensed pursuant to subsection 1 must be issued a license to practice medicine
in this state restricted to practice in the medically
underserved area of the county which petitioned for the waiver only. He [shall]may
apply to the board of medical examiners for renewal of that [waiver]restricted
license every 2 years after he is licensed.

3. Any
person holding a restricted license pursuant to subsection 1 who completes 3
years of such practice may apply to the board for an unrestricted license. In
considering an application for an unrestricted license pursuant to this
subsection, the board shall require the applicant to meet all statutory
requirements for licensure in effect at the time of application except the
requirements of paragraph (d) of subsection 2 of NRS 630.160.

177.385 [A final judgment entered on an application for
post-conviction relief may be reviewed by the supreme court of this state on
appeal, brought either by the petitioner or by the state as provided by law.]

1. An
applicant who, after conviction or while no criminal action is pending against
him, has petitioned the district court for post-conviction relief and whose
application for relief is denied, may appeal to the supreme court from the
order and judgment of the district court, but the appeal must be made within 30
days after the date of service of notice of the entry of the order or judgment.

2. The
State of Nevada is an interested party in proceedings for post-conviction relief.
If the district court grants post-conviction relief and orders the discharge or
a change in custody of the petitioner, then the state, through the district
attorney or the attorney general, or both, may appeal to the supreme court from
the order of the district court within 30 days after the service by the court
of the notice of entry of the order.

3. Whenever
an appeal is taken from an order of the district court discharging a petitioner
or committing him to the custody of another person after granting a petition
for post-conviction relief, the clerk of the district court shall forthwith
certify and transmit to the supreme court, as the record on appeal, the
original papers on which the petition was heard in the district court and, if
either the appellant or respondent demands it, a transcript of any evidentiary
proceedings had in the district court. The district court shall require its
court reporter to expedite the preparation of the transcript in preference to
any request for a transcript in any civil matter.

496.090 1. In
operating an airport or air navigation facility or any other facilities
appertaining to the airport owned, leased or controlled by a municipality, the
municipality may, except as limited by the terms and conditions of any grant,
loan or agreement pursuant to NRS 496.180, enter into:

(a) Contracts, leases
and other arrangements with any persons:

(1) Granting the
privilege of using or improving the airport or air navigation facility, or any
portion or facility thereof, or space therein, for commercial purposes. The
municipality may, if it determines that an improvement benefits the
municipality, reimburse the person granted the privilege for all or any portion
of the cost of making the improvement.

(2) Conferring
the privilege of supplying goods, commodities, things, services or facilities
at the airport or air navigation facility or other facilities.

(3) Making
available services to be furnished by the municipality or its agents or by
other persons at the airport or air navigation facility or other facilities.

(4) Providing
for the maintenance of the airport or air navigation facility, or any portion
or facility thereof, or space therein.

(5) Allowing
residential occupancy of property acquired by the municipality.

(b) Contracts for the
sale of revenue bonds or other securities whose issuance is authorized by the
Local Government Securities Law or NRS 496.150 or 496.155, for delivery within
10 years after the date of the contract.

2. In each case
the municipality may establish the terms and conditions and fix the charges,
rentals or fees for the privileges or services, which must be reasonable and
uniform for the same class of privilege or service and
must be established with due regard to the property and improvements used and
the expenses of operation to the municipality.

service and must be established
with due regard to the property and improvements used and the expenses of
operation to the municipality.

3. As an alternative
to the procedure provided in subsection 2 of NRS 496.080, to the extent of its
applicability, the governing body of any municipality may authorize it to enter
into any such contracts, leases and other arrangements with any persons, as
provided in this section, for a period not exceeding 40 years, upon such terms
and conditions as the governing body deems proper.

4. Before
entering into any such contract, lease or other arrangements, the municipality
shall publish notice of its intention in general terms in some paper of general
circulation within the municipality at least once a week
for 21 days or three times during a period of 10 days. If there is not a paper
of general circulation within the municipality, the municipality shall post a
notice of its intention in a public place at least once a week for 30
days. The notice must specify that a regular
meeting of the governing body is to be held ,[after completion of
such publication,] at which meeting any interested person may
appear. No such contract, lease or other arrangement may be entered into by the
municipality until after [the publication and
meeting]notice has been given and a
meeting held as provided in this subsection.

5. Any member
of a municipalitys governing body may vote on any such contract, lease or
other arrangement notwithstanding the fact that the term of the contract, lease
or other arrangement may extend beyond his term of office.

Sec. 4. Section
2 of Senate Bill No. 225 of this session is hereby amended to read as
follows:

Sec. 2. NRS
244.335is hereby amended to read as follows:

244.335 1. Except
as otherwise provided in subsection 2, the board of county commissioners may:

(a) Regulate all
character of lawful trades, callings, industries, occupations, professions and
business conducted in its county outside of the limits of incorporated cities
and towns.

(b) Fix, impose and
collect a license tax for revenue or for regulation, or for both revenue and
regulation, on such trades, callings, industries, occupations, professions and
business.

2. The county
license boards have the exclusive power in their respective counties to
regulate the business of conducting a dancing hall, escort service, or gambling
game or device permitted by law, outside of an incorporated city. The county
license boards may fix, impose and collect license taxes for revenue or for
regulation, or for both revenue and regulation, on such businesses.

3. No license
to engage in business as a seller of tangible personal property may be granted
unless the applicant for the license presents written evidence that:

(a) The department of
taxation has issued or will issue a permit for this activity, and this evidence
clearly identifies the business by name; or

(b) Another regulatory
agency of the state has issued or will issue a license required for this
activity.

4. Any license
tax levied for the purposes of NRS 244.3358 or 244A.597 to 244A.655, inclusive,
constitutes a lien upon the real and personal property of the business upon
which the tax was levied until the tax is paid. The lien must be enforced in
the following manner:

(a) By recording in
the office of the county recorder, within 90 days following the date on which
the tax became delinquent, a notice of the tax lien containing the following:

(1) The amount
of tax due and the appropriate year;

(2) The name of
the record owner of the property;

(3) A description
of the property sufficient for identification; and

(4) A
verification by the oath of any member of the board of county commissioners or
the county fair and recreation board; and

(b) By an action for
foreclosure against the property in the same manner as an action for
foreclosure of any other lien, commenced within 2 years after the date of
recording of the notice of the tax lien, and accompanied by appropriate notice
to other lienholders.

5. The board of
county commissioners may delegate the authority to enforce liens from taxes
levied for the purposes of NRS 244A.597 to 244A.655, inclusive, to the county
fair and recreation board. [All]Except as otherwise provided in section 1 of this act, all
information concerning license taxes levied by an ordinance authorized by this
section or other information concerning the business affairs or operation of
any licensee obtained as a result of the payment of such license taxes or as
the result of any audit or examination of the books by any authorized employee
of a county fair and recreation board of the county for any license tax levied
for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and
must not be disclosed by any member, officer or employee of the county fair and
recreation board or the county imposing the license tax unless the disclosure
is authorized by the affirmative action of a majority of the members of the
appropriate county fair and recreation board. Continuing disclosure may be so
authorized under an agreement with the department of taxation for the exchange
of information concerning taxpayers.

78.090 1. [Every]Except
during any period of vacancy described in NRS 78.097, every corporation
shall have a resident agent, who may be either a natural person or a
corporation, resident or located in this state.

2. [Every resident agent shall, within 10 days after
acceptance of an initial appointment as such, file a certificate thereof in the
office of the secretary of state, and a copy of that certificate in the office
of the county clerk of the county in which the principal office of the corporation
in this state is located.

3.]
The resident agent may be any bank or banking corporation, or other
corporation, located and doing business in this state, and [any such]the
bank or corporation acting as resident agent may:

(a) Act as the fiscal
or transfer agent of any state, municipality, body politic [,] or corporation and in that capacity
may receive and disburse money.

(b) Transfer, register
and countersign certificates of stock, bonds or other evidences of indebtedness
and act as agent of any corporation, foreign or domestic, for any purpose
required by statute, or otherwise.

(c) Act as trustee
under any mortgage or bond issued by any municipality, body politic [,] or corporation , and accept and execute any other municipal or
corporate trust not inconsistent with the laws of this state.

(d) Receive and manage
any sinking fund of any corporation, upon such terms as may be agreed upon
between the corporation and those dealing with it.

[4.]3. Every corporation organized [under]pursuant
to this chapter that fails or refuses to comply with the requirements of
this section [, for a period of 30 days,]
is subject to a fine of not less than $100 nor more than $500, to be recovered
with costs by the state, before any court of competent jurisdiction, by action
at law [to be] prosecuted by the
attorney general or by the district attorney of the county in which the action
or proceeding to recover the fine is prosecuted.

[5.]4. All legal process and any demand
or notice authorized by law to be served upon a corporation may be served upon
the resident agent of the corporation in the manner provided in subsection 2 of
NRS 14.020. If any demand, notice or legal process, other than a summons and
complaint, cannot be served upon the resident agent, it may be served in the
manner provided in NRS 14.030. These manners and modes of service are in
addition to any other service authorized by law.

Sec. 28. NRS
78.160 is hereby amended to read as follows:

78.160 Each
corporation organized [under]pursuant to the laws of this state shall, within 60
days after the filing of its articles of incorporation with the secretary of
state:

1. File a list
of its officers and directors [,]and a designation of its resident agent .[, and a certificate of
acceptance signed by the resident agent.] The address of the
resident agent must be the same as that of the principal office.

2. Pay to the
secretary of state a fee of $50.

3. File a copy
of the designation of resident agent in the office of the county clerk of the
county in which the principal office of the corporation in this state is
located.

Sec. 29. NRS
80.010 is hereby amended to read as follows:

80.010 1. Before
commencing or doing any business in this state, every corporation organized
under the laws of another state, territory, the District of Columbia, a
dependency of the United States or a foreign country, [which]that enters this state [for
the purpose of doing]to do
business must file:

(a) In the office of
the secretary of state of Nevada:

(1) A
certificate of corporate existence issued not more than 90 days before the date
of filing by an authorized officer of the jurisdiction of its incorporation
setting forth the filing of documents and instruments related
to the articles of incorporation, or the governmental acts or other instrument
or authority by which the corporation was created.

related to the articles of
incorporation, or the governmental acts or other instrument or authority by
which the corporation was created. If the certificate is in a language other
than English, a translation, together with the oath of the translator and his
attestation of its accuracy, must be attached [thereto.]to the certificate.

(2) A
certificate of acceptance of appointment executed by its resident agent, who
must be a natural person residing in, or another corporation with its principal
office located in this state. The certificate must set forth the name and
complete address of the resident agent.

(3) A
statement executed by an officer of the corporation, acknowledged before a
person authorized by the laws of the place where the acknowledgment is taken to
take acknowledgments of deeds, setting forth [:

(I) The
name and address of its resident agent in this state, who must be a natural
person residing in, or another corporation with its principal office located in
this state; and

(II) A]a general description of the purposes of the
corporation.

[(3)](4) A copy of the document most recently
filed by the corporation in the jurisdiction of its incorporation setting forth
the authorized capital stock of the corporation, the number of par value shares
and their par value, and the number of no-par-value shares.

(b) In the office of
the county clerk of the county where the corporation has its principal office
in Nevada, a copy of the certificate of corporate existence and the certificate of acceptance, certified by the
secretary of state.

2. The
secretary of state shall not file the documents required by subsection 1 for
any foreign corporation whose name is the same as, or deceptively similar to:

(a) The name of any
corporation formed or incorporated in this state;

(b) The name of any
other foreign corporation authorized to transact business within this state;

(c) A name reserved
for the use of any proposed corporation;

(d) The name of any
limited partnership formed in this state;

(e) The name of any
foreign limited partnership authorized to transact business in this state; or

(f) A name reserved
for the use of any proposed limited partnership, unless written acknowledged
consent of that other corporation, limited partnership using the name, or of
the person for whom the name is reserved, to the adoption of the name is filed
with the documents.

Sec. 31. NRS
80.130 is hereby amended to read as follows:

80.130 Each
foreign corporation coming into this state shall, within 60 days after the
filing of its certificate of corporate existence with the secretary of state:

1. File a list
of its officers and directors and a designation of its resident agent .[, and a certificate of
acceptance signed by the resident agent.] The address of the
resident agent must be the same as that of the principal office.

Sec. 6. The title of chapter
199, Statutes of Nevada 1989, is hereby amended to read as follows:

AN ACT relating
to pupils; allowing a school flexibility in enforcing the prohibition against
possession of a dangerous weapon by a pupil; expanding the prohibition against
committing a battery upon an employee of a school or selling or distributing a
controlled substance by a pupil; and providing other matters properly relating
thereto.

Sec. 7. The title of chapter
285, Statutes of Nevada 1989, is hereby amended to read as follows:

AN ACT relating
to local improvements; authorizing the use of an internal service fund to
advance money to a special improvement district; repealing an obsolete
provision; and providing other matters properly relating thereto.

Sec. 8. The title of chapter
309, Statutes of Nevada 1989, is hereby amended to read as follows:

AN ACT relating
to dangerous weapons; prohibiting a person from possessing or using a machine
gun or a silencer unless permitted to do so pursuant to federal law; and
providing other matters properly relating thereto.

AN ACT relating to the legislature;
requiring a lobbyist to report certain expenditures for parties hosted by the
organization he represents; authorizing the director of the legislative counsel
bureau to release to the public the name of a lobbyist who fails to file a
timely report of his activities; authorizing the director to revoke or suspend
the registration of a lobbyist for certain violations; restricting the scope of
the provision for a criminal penalty; and providing other matters properly
relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 218.926 is
hereby amended to read as follows:

218.926 1. Each registrant
shall file with the director within 30 days after the close of the legislative
session a final report signed under penalty of perjury concerning his lobbying
activities. In addition, each registrant shall file with the director between
the 1st and 10th day of the month after each month that the legislature is in
session a report concerning his lobbying activities during the previous month.
Each report must be on a form prescribed by the director and must include the
total expenditures made by the registrant on behalf of a legislator, including
expenditures made by others on behalf of the registrant
if the expenditures were made with the registrants express or implied consent
or were ratified by the registrant.

behalf of the registrant if the expenditures were made with
the registrants express or implied consent or were ratified by the registrant.

2. If his expenditures during the
previous month exceed $50, the report must include a compilation of
expenditures, itemized in the manner required by the regulations of the
legislative commission, in the following categories:

(a) Entertainment;

(b) Expenditures made in
connection with a party or similar event hosted by the organization represented
by the registrant;

(c) Gifts and
loans; and

[(c)](d) Other expenditures directly associated with
legislative action, not including personal expenditures for food, lodging and
travel expenses or membership dues.

Sec. 2. NRS 218.934 is
hereby amended to read as follows:

218.934 The director may [prepare]:

1. Prepare
and publish such reports concerning lobbying activities as he deems
appropriate.

2. Release to the
public the name of any lobbyist who fails to file any activity report within 14
days after the date it is required to be filed.

3. Revoke the
registration of any lobbyist who fails to file any activity report within 30
days after the date it is required to be filed.

Sec. 3. NRS 218.936 is
hereby amended to read as follows:

218.936 1. The
director shall:

[1.](a) Make investigations on his own initiative
with respect to any irregularities which he discovers in the statements and
reports filed and with respect to the failure of any person to file a required
statement or report and shall make an investigation upon the written complaint of
any person alleging a violation of any provision of NRS 218.900 to 218.944,
inclusive.

[2.](b) Report suspected violations of law to the:

[(a)](1) Legislative commission; and

[(b)](2) Attorney general ,
who shall investigate and take any action necessary to carry out the provisions
of NRS 218.900 to 218.944, inclusive.

2. If an
investigation by the director reveals a violation of any provision of NRS
218.900 to 218.944, inclusive, by a lobbyist, the director may suspend the
lobbyists registration for a specified period or revoke his registration. The
director shall cause notice of his action to be given to each person who
employs or uses the lobbyist.

3. A lobbyist
whose registration is suspended or revoked by the director may:

(a) Request a hearing on
the matter before the director;

(b) Appeal to the
legislative commission from any adverse decision of the director; and

(c) If his registration
is suspended, renew his registration if the legislature is still in session
following the period of suspension.

4. A lobbyist
whose registration is revoked may, with the consent of the director, renew his
registration if he:

(a) Files a registration
statement in the form required by NRS 218.918;

(b) Pays any fee for late
filing owed pursuant to NRS 218.940, plus the fee for registration prescribed
by the legislative commission; and

(c) If the revocation
occurred because of his failure to file an activity report, files that report.

Sec. 4. NRS 218.940 is
hereby amended to read as follows:

218.940 1. Any registrant
who files an activity report after the time provided in NRS 218.926 shall pay
to the director a fee for late filing of [$5]$10 for each day [of
the first 30 days] that it was late ,[ and $100 per day thereafter,] but
the director may reduce or waive this fee upon a finding of just cause.

2. An activity report with respect to
which a late filing fee has been paid by the registrant or waived by the
director shall be deemed timely filed, and the late filing is not a public
offense.

Sec. 5. NRS 218.942 is
hereby amended to read as follows:

218.942 1. A lobbyist shall
not knowingly or willfully make any false statement or misrepresentation of
facts:

(a) To any member of the legislative branch in
an effort to persuade or influence him in his official actions.

(b) In a registration statement or report
concerning lobbying activities filed with the director.

2. A lobbyist shall not give to a member
of the legislative branch or a member of his staff or immediate family gifts
that exceed $100 in value in the aggregate in any calendar year.

3. A member of the legislative branch or
a member of his staff or immediate family shall not solicit anything of value
from a registrant or accept any gift that exceeds $100 in aggregate value in
any calendar year.

4. A person who employs or uses a
lobbyist shall not make that lobbyists compensation or reimbursement
contingent in any manner upon the outcome of any legislative action.

5. [Information
copied from registration forms and activity reports filed with the director or
from lists compiled from such forms and reports must not be sold or used by any
person for the purpose of soliciting campaign contributions or selling tickets
to a testimonial or similar fund-raising affair or for any commercial purpose.]Except during the period permitted by NRS 218.918, a
person shall not knowingly act as a lobbyist without being registered as
required by that section.

6. Except as otherwise
provided in subsection 7, a member of the legislative or executive branch of
the state government and an elected officer or employee of a political
subdivision shall not receive compensation or reimbursement other than from the
state or the political subdivision for personally engaging in lobbying.

7. An elected officer or employee or a
political subdivision may receive compensation or reimbursement from any
organization whose membership consists of elected or appointed public officers.

8. A lobbyist shall not instigate the
introduction of any legislation for the purpose of obtaining employment to
lobby in opposition thereto.

218.944 Any person subject to any of the
provisions contained in NRS [218.900 to 218.944,
inclusive,]218.942 who refuses or
fails to comply therewith is guilty of a misdemeanor.

________

CHAPTER 814, AB 926

Assembly Bill No.
926Assemblymen Humke, Marvel and Spinello

CHAPTER 814

AN ACT relating to peace officers
standards and training; creating a reserve balance in the budget account for
the peace officers standards and training committee; making an appropriation;
and providing other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. There is hereby
appropriated $50,000 from the special account in the state general fund created
pursuant to paragraphs (c) of subsections 3 and 4 of NRS 176.059 to the budget
account for the peace officers standards and training program. The
appropriation must be used for the expenses of the peace officers standards
and training committee in carrying out its statutory duties. Any amount in
excess of $50,000 remaining in the budget account at the end of each fiscal
year must revert to the state general fund. The balance must remain in the
budget account to provide a sufficient cashflow at the beginning of each fiscal
year to enable the committee to carry out its statutory duties.

AN ACT relating to health insurance;
prohibiting an insurer who issues a policy of group or blanket health insurance
from disclosing to the policyholder information concerning prescribed
medications used by an insured person; and providing other matters properly
relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 689B of NRS
is hereby amended by adding thereto a new section to read as follows:

1. Except as
otherwise provided in subsection 2, an insurer or any agent or employee of an
insurer who delivers or issues for delivery a policy of group health or blanket
health insurance in this state shall not disclose to the policyholder or any
agent or employee of the policyholder:

(a) The fact that an
insured is taking a prescribed drug or medicine; or

(b) The identity of that
drug or medicine.

2. The provisions
of subsection 1 do not prohibit disclosure to an administrator who acts as an
intermediary for claims for insurance coverage.

________

CHAPTER 816, AB 488

Assembly Bill No. 488Assemblymen
Spriggs, McGinness and Dini

CHAPTER 816

AN ACT relating to pupils; revising
provisions concerning the financial responsibility for a pupil who resides on
an Indian reservation and attends school in a different school district;
providing for the apportionment of money for such pupils based upon enrollment;
and providing other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 392 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. The board of
trustees of a school district shall, upon application, allow any pupil who
resides on an Indian reservation located in two or more counties to attend the
school nearest to the pupils residence, without regard to the school district
in which the pupils residence is located. For the purposes of apportionment of
money, if such a pupil attends a school outside the
county in which he resides, he must be counted as being enrolled in the
district in which he attends school.

the county in which he resides, he
must be counted as being enrolled in the district in which he attends school.

2. A pupil who is
allowed to attend a school outside the school district in which his residence
is located pursuant to this section must remain in that school for the full
school year.

3. The school
district which pays the additional costs of transporting a pupil pursuant to
this section to a school outside the school district in which his residence is
located is entitled to be reimbursed for those costs. Such additional costs
must be paid from the state distributive school account in the state general
fund.

4. The provisions
of this section do not apply to a pupil who resides on an Indian reservation
pursuant to an order issued by a court of competent jurisdiction in another
state adjudging the pupil to be delinquent and committing him to the custody of
a public or private institution or agency in this state.

Sec. 2. NRS 392.010 is
hereby amended to read as follows:

392.010 Except as
to the attendance of a pupil pursuant to section 1 of this act:

1. The board of trustees of any school
district may, with the approval of the superintendent of public instruction:

(a) Admit to the school or schools of the school
district any pupil or pupils living in an adjoining school district within this
state or in an adjoining state when the school district of residence in the
adjoining state adjoins the receiving Nevada school district; or

(b) Pay tuition for pupils residing in the
school district but who attend school in an adjoining school district within
this state or in an adjoining state when the receiving district in the
adjoining state adjoins the school district of Nevada residence.

2. [The
board of trustees of a school district shall, upon application, allow any pupil
who resides on an Indian reservation located in two or more counties to attend
the school nearest to the pupils residence, without regard to the school
district in which the pupils residence is located. If such a pupil attends a
school outside the county in which he resides, for the purposes of
apportionment of money he shall be deemed to be enrolled in the district in
which he resides. Payments for tuition and transportation must be made to the
district in which he attends school in accordance with an agreement entered
into pursuant to subsection 3, but if the boards of trustees of the districts
involved are unable to agree concerning such payments, the superintendent of
public instruction shall determine the terms of payment.

3.] With the
approval of the superintendent of public instruction, the board of trustees of
the school district in which the pupil or pupils reside and the board of
trustees of the school district in which the pupil or pupils attend school
shall enter into an agreement providing for the payment of such tuition as may
be agreed upon, but transportation costs must be paid by the board of trustees
of the school district in which the pupil or pupils reside:

(a) If any are incurred in transporting a pupil
or pupils to an adjoining school district within the state; and

(b) If any are incurred in transporting a pupil
or pupils to an adjoining state, as provided by the agreement.

[4.]3. In addition to the provisions for the
payment of tuition and transportation costs for pupils admitted to an adjoining
school district as provided in subsection [3,]2, the agreement may contain provisions for the
payment of reasonable amounts of money to defray the cost of operation,
maintenance and depreciation of capital improvements which can be allocated to
such pupils.

________

CHAPTER 817, AB 963

Assembly Bill No. 963Committee
on Ways and Means

CHAPTER 817

AN ACT relating to public offenses;
revising the distribution of the money collected for administrative assessments;
and providing other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 176.059 is
hereby amended to read as follows:

176.059 1. When a defendant
pleads or is found guilty of a misdemeanor, including the violation of any
municipal ordinance, except one regulating metered parking, the justice or
judge shall include in the sentence the sum prescribed by the following
schedule as an administrative assessment and render a judgment against the
defendant for the assessment:

2. The money collected for an
administrative assessment must not be deducted from the fine imposed by the
justice or judge but must be taxed against the defendant in addition to the
fine. The money collected for an administrative assessment must be stated
separately on the courts docket and must be included in the amount posted for
bail. If the defendant is found not guilty or the charges are dropped, the
money deposited with the court must be returned to the defendant.

3. The money collected for administrative
assessments in municipal court must be paid by the clerk of the court to the
city treasurer on or before the [5th] fifth day of each
month for the preceding month.

[5th]fifth day of each month for the preceding month. The
city treasurer shall distribute, on or before the 15th day of that month, the
money received in the following amounts for each assessment received:

(a) One dollar and fifty cents to the county
treasurer for credit to a special account in the county general fund for the
use of the countys juvenile court or for services to juvenile offenders.

(b) Two dollars and fifty cents for credit to a
special account in the municipal general fund for the use of the municipal
courts.

(c) The remainder of each assessment to the
state treasurer for credit to a special account in the state general fund.

4. The money collected for administrative
assessments in justices courts must be paid by the clerk of the court to the
county treasurer on or before the [5th]fifth day of each month for the preceding month.
The county treasurer shall distribute, on or before the 15th day of that month,
the money received in the following amounts for each assessment received:

(a) One dollar and fifty cents for credit to a
special account in the county general fund for the use of the countys juvenile
court or for services to juvenile offenders.

(b) Two dollars and fifty cents for credit to a
special account in the county general fund for the use of the justices courts.

(c) The remainder of each assessment to the
state treasurer for credit to a special account in the state general fund.

5. The money apportioned to a juvenile
court or a municipal court pursuant to this section must be used, in addition
to providing services to juvenile offenders in the juvenile court, to improve
the operation of the court and to acquire a computer or the use of one.

6. Of the total amount deposited in the
state general fund pursuant to subsections 3 and 4, the state controller shall
distribute the money received to the following public agencies in the following
amounts for each assessment received [:]up to the amounts authorized by the legislature:

(a) Six dollars to the office of the court
administrator for allocation as follows:

(1) One dollar and
fifty cents for the administration of the courts.

(2) [One
dollar]Eighty cents for the
development of a uniform system for judicial records.

(3) [One
dollar]Seventy cents for continuing
judicial education.

(4) Three dollars for the supreme court.

(b) Based upon the availability of money from
the assessment and to the extent of legislative authorization, not more than $1
for the peace officers standards and training committee of the department of
motor vehicles and public safety for the continuing education of persons whose
primary duties are law enforcement.

(c) The remainder of any amount so deposited
must be used to the extent of legislative authorization for the support of:

(1) The central repository for Nevada
records of criminal history;

(2) The activities of the investigation
division of the department of motor vehicles and public safety related to law
enforcement;

(3) The operation by the Nevada highway
patrol of a computerized switching system for information related to law
enforcement; and

AN ACT making an appropriation to the
University of Nevada System for the acquisition and maintenance of data
processing equipment, software and related costs; and providing other matters
properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the University of Nevada System the
sum of $9,000,000 for:

1. The acquisition and maintenance of
data processing equipment and software;

Sec. 2. Any remaining
balance of the appropriation made by section 1 of this act must not be
committed for expenditure after June 30, 1991, and reverts to the state general
fund as soon as all payments of money committed have been made.

Sec. 3. This act becomes
effective on June 30, 1989.

________

CHAPTER 819, AB 946

Assembly Bill No.
946Committee on Judiciary

CHAPTER 819

AN ACT relating to probation; clarifying
and limiting the consequences of an honorable discharge from probation; and
providing other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 176 of NRS
is hereby amended by adding thereto a new section to read as follows:

A convicted person who is
granted an honorable discharge from probation, who has not previously been
restored to his civil rights, and who is not convicted of any offense greater
than a traffic violation within 6 months after the discharge, may apply to the
department of parole and probation to request a
restoration of his civil rights.

a restoration of his civil rights. If
the department determines after an investigation that the applicant meets the
requirements of this section, it shall petition the court in which the
applicant was convicted for an order granting the restoration. If the
department refuses to submit such a petition, the applicant may, after notice
to the department of parole and probation, directly petition the court for restoration
of his civil rights.

Sec. 2. NRS 176.165 is
hereby amended to read as follows:

176.165 Except as otherwise
provided in [NRS 176.225,]this section, a motion to withdraw a plea of guilty or
of nolo contendere may be made only before sentence is imposed or imposition of
sentence is suspended .[;
but to]To correct manifest
injustice , the court after sentence may set
aside the judgment of conviction and permit the defendant to withdraw his plea.

Sec. 3. NRS 176.175 is
hereby amended to read as follows:

176.175 As used in NRS 176.175 to
176.245, inclusive, and section 1 of this act,
unless the context otherwise requires:

1. Board means the state board of
parole commissioners.

2. Court means a district court of the
State of Nevada.

3. Parole and probation officer means
the chief parole and probation officer or an assistant parole and probation
officer appointed in accordance with the provisions of chapter 213 of NRS.

4. Residential confinement means the
confinement of a person convicted of a crime to his place of residence under
the terms and conditions established by the sentencing court.

Sec. 4. NRS 176.225 is
hereby amended to read as follows:

176.225 1. Every defendant
who:

(a) Has fulfilled the conditions of his probation
for the entire period thereof;

(b) Is recommended for earlier discharge by the [chief parole and probation officer;]department of parole and probation; or

(c) Has demonstrated his fitness for honorable
discharge but because of economic hardship, verified by a parole and probation
officer, has been unable to make restitution as ordered by the court,

may [at any time thereafter be
permitted by]be granted an honorable
discharge from probation by order of the court .[to withdraw his plea of guilty or nolo
contendere and enter a plea of not guilty; or, if he has been convicted after a
plea of not guilty, the court may set aside the verdict of guilty; and in
either case, the court shall thereupon dismiss the indictment or information
against such defendant, who shall thereafter be released from all penalties and
disabilities resulting from the offense or crime of which he has been
convicted.

2. The probationer
shall be informed of this privilege in his probation papers.

3. The probationer
may make such application and change of plea in person or by attorney
authorized in writing, or by a parole and probation officer authorized in
writing; but in any subsequent prosecution of the defendant for any other
offense, such prior conviction may be pleaded and proved and shall have the
same effect as if probation had not been granted or the indictment or
information had not been dismissed.

4. The clerk of
the court shall notify every person who, and every agency which, to his
knowledge has obtained from the court or clerk knowledge of the conviction,
that the probationer has been honorably discharged and is released as provided
in subsection 1.

5.]2. Any amount of restitution remaining
unpaid constitutes a civil liability arising upon the date of discharge.

3. A person
honorably discharged from probation is free from the terms and conditions of
his probation and may apply to the court, in person or by attorney, pursuant to
section 1 of this act, for the restoration of his civil rights. He must be
informed of this privilege in his probation papers.

4. A person
honorably discharged from probation who has had his civil rights restored by
the court:

(a) Is exempt from the
requirements of NRS 207.090, but is not exempt from the requirements of NRS
207.152.

(b) May vote, hold office
or serve as a juror.

(c) Shall disclose the
conviction to a gaming establishment and the state, its agencies, departments,
boards, commissions and political subdivisions, if required in an application
for employment, license or other permit. As used in this paragraph,
establishment has the meaning ascribed to it in NRS 463.0148.

(d) Except as otherwise
provided in paragraph (c), need not disclose the conviction to an employer or
prospective employer.

5. The prior
conviction of a person whose civil rights have been restored or who has been
honorably discharged from probation may be used for purposes of impeachment. In
any subsequent prosecution of the person who has had his civil rights restored
or who has been honorably discharged from probation, the prior conviction may
be pleaded and proved if otherwise admissible.

Sec. 5. NRS 176.245 is hereby
amended to read as follows:

176.245 Every defendant:

1. Whose probation has been revoked; or

2. Whose term of probation has expired, [whose]and:

(a) Whose
whereabouts are unknown [, and for whose arrest a
warrant has been issued,];

(b) Who has failed to
make restitution in full as ordered by the court, without a verified showing of
economic hardship; or

(c) Who has otherwise
failed to qualify for an honorable discharge as provided in NRS 176.225,

is not eligible for an honorable discharge and may be given
a dishonorable discharge. A dishonorable discharge
releases the probationer from any further obligation, except a civil liability
arising on the date of discharge for any unpaid restitution, but does not
entitle the probationer to any privilege conferred by NRS 176.225.

AN ACT relating to the state legislature;
requiring the legislative counsel bureau to conduct a study of newly enacted
statutes to determine whether any such statute includes issues that affect
women or treat the sexes differently; and providing other matters properly
relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 218 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. The legislative
counsel bureau shall, after every regular session of the legislature, conduct a
study of the newly enacted statutes to determine whether any of those statutes:

(a) Patently treats the
sexes differently; or

(b) Upon application, may
affect women more adversely than it affects men.

2. The legislative
counsel bureau shall compile and publish the results of the study. The
publication must contain an index.

Sec. 2. NRS 218.635 is
hereby amended to read as follows:

218.635 1. The legislative
commission shall, between sessions of the legislature, fix the work priority of
all studies and investigations assigned to it by concurrent resolutions of the
legislature within the limits of available time, money and staff. The legislative
commission shall not make studies or investigations so directed by resolutions
of only of one house of the legislature. All requests for the drafting of
legislation to be recommended as the result of a study or investigation must be
made before July 1 of the year preceding a legislative session.

2. [Between]Except as otherwise provided by section 1 of this act,
between sessions of the legislature no study or investigation may be
initiated or continued by the fiscal analysts, the legislative auditor, the
legislative counsel or the research director and their staffs except studies
and investigations which have been specifically authorized by concurrent
resolutions of the legislature or by an order of the legislative commission. No
study or investigation may be carried over from one session of the legislature
to the next without additional authorization by a concurrent resolution of the
legislature, except audits in progress, whose carryover has been approved by
the legislative commission.

Sec. 3. This act becomes
effective upon passage and approval.

________

κ1989
Statutes of Nevada, Page 1986κ

CHAPTER 821, SB 491

Senate Bill No. 491Committee on Natural Resources

CHAPTER 821

AN ACT making appropriations to the
department of museums and history to acquire title to and renovate a railroad
depot in Ely and making expenditure of the appropriations contingent upon the
transfer of title to the depot to the state; and providing other matters
properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the department of museums and
history the sum of $5,000 for the costs of transferring the title to the East
Ely railroad depot to the state. The costs include, but are not limited to, the
fees for a land survey and title insurance.

Sec. 2. There is hereby
appropriated from the state general fund to the department of museums and
history the sum of $139,200 to renovate the railroad depot in East Ely.

Sec. 3. 1. Any
remaining balance of the appropriation made by section 1 of this act must not
be committed for expenditure after June 30, 1990, and reverts to the state
general fund as soon as all payments of money committed have been paid.

2. Any remaining balance of the
appropriation made by section 2 of this act must not be committed for
expenditure after June 30, 1991, and reverts to the state general fund as soon
as all payments of money committed have been paid.

Sec. 4. The director of the
department of museums and history may submit to the interim finance committee a
request for an allocation of money from the contingency fund to operate the
railroad depot in East Ely for the fiscal year 1990-91.

Sec. 5. 1. Section
1 of this act becomes effective on June 30, 1989, and the money may be
committed for expenditure upon the acceptance by the owner of the depot of the
terms and conditions for the transfer of the title to the state.

2. This section and sections 2, 3 and 4
of this act become effective on June 30, 1989, but no money may be committed
for expenditure until the date the title to the East Ely railroad depot is
transferred to the state, if that transfer occurs before June 30, 1991.

________

κ1989
Statutes of Nevada, Page 1987κ

CHAPTER 822, SB 137

Senate Bill No. 137Senator Malone

CHAPTER 822

AN ACT making an appropriation from the
reserve fund for the supplemental city-county relief tax for the rehabilitation
of the sewer facilities in the Blue Diamond area in Clark County; and providing
other matters properly relating thereto.

[Approved July 5, 1989]

whereas, The
residents of the area known as Blue Diamond have depended for many years on a
substantially inadequate sewer system; and

whereas, The
public service commission of Nevada and the division of environmental
protection of the state department of conservation and natural resources have
determined that significant repairs are necessary for the continued operation
of the sewer system and those repairs will require a major investment of money;
and

whereas, Clark
County is facing an imminent and uncontrollable condition which will
substantially impair its financial capacity to provide the basic services for
which it was created, in that the residents of the Blue Diamond area will be
without sewage disposal facilities if the necessary repairs are not made; and

whereas, NRS
354.5988 authorizes special distributions to be made from the reserve fund for
the supplemental city-county relief tax if unforeseen or uncontrollable
conditions, existing or imminent, substantially impair the financial capacity
of a local government to provide the basic services for which it was created;
and

whereas, The
Clark County Sanitation District and the Las Vegas Valley Water District have
reported that the estimated cost to rehabilitate the Blue Diamond areas sewer
facilities is approximately $482,600; now, therefore,

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. There is hereby
appropriated from the reserve fund for the supplemental city-county relief tax
created pursuant to NRS 354.5988 to Clark County the sum of $482,600 to
rehabilitate the sewage disposal facilities serving the Blue Diamond area.

Sec. 2. Clark County shall
deposit the money appropriated pursuant to section 1 of this act in a trust
account and report to the interim finance committee any expenditure of the
money.

Sec. 3. Any remaining
balance of the appropriation made by section 1 of this act must not be
committed for expenditure after the project is completed, and reverts to the
reserve fund for the supplemental city-county relief tax as soon as all
payments of money committed have been made.

Sec. 4. As soon as
practicable after the effective date of this act, the state controller shall
transfer the money appropriated by section 1 of this act to the county
treasurer of Clark County.

Sec. 5. This act becomes
effective on June 30, 1989.

________

κ1989
Statutes of Nevada, Page 1988κ

CHAPTER 823, SB 139

Senate Bill No. 139Committee on Finance

CHAPTER 823

AN ACT making appropriations to the buildings
and grounds division of the department of general services for the payment of
expenses related to the repair and renovation of state-owned buildings and
facilities and to the relocation of the tenants of the Nye Building; making an
appropriation to the contingency fund for the rental or lease of certain office
buildings to be used by the tenants of the Nye Building; and providing other
matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the buildings and grounds division
of the department of general services:

1. The sum of $560,998 for the payment of
expenses related to the repair and renovation of state-owned buildings and
facilities; and

2. The sum of $50,000 for the payment of
expenses related to the relocation of the tenants of the Nye Building.

Sec. 2. Any remaining
balance of the appropriations made by section 1 of this act must not be
committed for expenditure after June 30, 1991, and reverts to the state general
fund as soon as all payments of money committed have been made.

Sec. 3. There is hereby
appropriated from the state highway fund to the buildings and grounds division
of the department of general services the sum of $315,137 for the payment of
expenses related to the repair and renovation of state-owned buildings and
facilities.

Sec. 4. Any remaining
balance of the appropriation made by section 3 of this act must not be
committed for expenditure after June 30, 1991, and reverts to the state highway
fund as soon as all payments of money committed have been made.

Sec. 5. There is hereby
appropriated from the state general fund to the contingency fund created
pursuant to NRS 353.266 the sum of $273,156 for the rental or lease of office
buildings that are not state-owned to be used by the tenants of the Nye
Building during the biennium that expires on June 30, 1991.

Sec. 6. Any remaining
balance of the appropriation made by section 5 of this act must not be
committed for expenditure after June 30, 1991, and reverts to the state general
fund as soon as all payments of money committed have been made.

Sec. 7. This act becomes
effective on June 30, 1989.

________

κ1989
Statutes of Nevada, Page 1989κ

CHAPTER 824, SB 185

Senate Bill No. 185Committee on Finance

CHAPTER 824

AN ACT relating to colleges; increasing
the amount of the support for the National Judicial College; creating a trust
fund for the support of the National College of Juvenile and Family Law; making
appropriations; and providing other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 1.470 is
hereby amended to read as follows:

1.470 1. The trust fund for
the National Judicial College is hereby created. The interest and income earned
on the money in the trust fund, in an amount not exceeding [$200,000]$300,000
per year, after deducting any applicable charges, must be credited to the fund.
Any interest and income earned in excess of [$200,000]$300,000 per year must be credited to the state
general fund.

2. The state treasurer shall, subject to
the limitation in subsection 1, pay to the dean of the National Judicial
College at the end of each quarter an amount equal to any interest and income
credited to the trust fund during that quarter. The dean may use the money to
pay expenses which relate to operating the college.

3. The state board of examiners may, upon
making a determination that any portion of the principal of the money in the
trust fund is necessary to meet existing or future obligations of the state,
recommend to the interim finance committee that the amount so needed be
transferred from the trust fund to the state general fund. Upon approval of the
interim finance committee, the money may be so transferred.

4. The dean shall submit an itemized
statement of all the income and expenditures of the National Judicial College
each year to the legislature or the interim finance committee.

Sec. 2. 1. There
is hereby appropriated from the state general fund to the trust fund for the
National Judicial College the sum of $1,250,000 upon the condition that an
equal amount of money is donated for the support of the National Judicial
College from other sources on or before June 30, 1991. The sum of $1,250,000
reverts to the state general fund on July 1, 1991, if this condition is not
met.

2. If the National Judicial College
ceases to provide education in this state to members of the judiciary, the
balance in the trust fund for the National Judicial College reverts to the
state general fund.

Sec. 3. Chapter 1 of NRS is
hereby amended by adding thereto a new section to read as follows:

1. The trust fund
for the National College of Juvenile and Family Law is hereby created. The
interest and income earned on the money in the trust fund, in an amount not
exceeding $100,000 per year, after deducting any applicable charges, must be
credited to the fund. Any interest and income earned in excess of $100,000 per
year must be credited to the state general fund.

2. The state
treasurer shall, subject to the limitation in subsection 1, pay to the dean of
the National College of Juvenile and Family Law at the end of each quarter an
amount equal to any interest and income credited to the trust fund during that
quarter. The dean may use the money to pay expenses relating to the operation
of the college.

3. The state board
of examiners may, upon making a determination that any portion of the principal
of the money in the trust fund is necessary to meet existing or future
obligations of the state, recommend to the interim finance committee that the
amount so needed be transferred from the trust fund to the state general fund.
Upon approval of the interim finance committee, the money may be so
transferred.

4. The dean shall
submit an itemized statement of all of the income and expenditures of the
National College of Juvenile and Family Law each year to the legislature or the
interim finance committee.

Sec. 4. 1. There
is hereby appropriated from the state general fund to the trust fund for the
National College of Juvenile and Family Law created by section 1 of this act
the sum of $1,250,000 upon the condition that an equal amount of money is
donated for the support of the National College of Juvenile and Family Law from
other sources on or before June 30, 1991. The sum of $1,250,000 reverts to the
state general fund on July 1, 1991, if this condition is not met.

2. If the National College of Juvenile
and Family Law ceases to provide education in this state to members of the
judiciary, the balance in the trust fund for the National College of Juvenile
and Family Law reverts to the state general fund.

Sec. 5. 1. This
act becomes effective on June 30, 1989.

2. If the appropriation made by section 2
of this act reverts to the state general fund, section 1 of this act expires by
limitation on the date of the reversion.

3. If the appropriation made by section 4
of this act reverts to the state general fund, section 3 of this act expires by
limitation on the date of the reversion.

________

κ1989
Statutes of Nevada, Page 1991κ

CHAPTER 825, SB 219

Senate Bill No. 219Senator Raggio

CHAPTER 825

AN ACT relating to education; requiring
school districts to provide for the legal defense of their employees in certain
criminal actions; and providing other matters properly relating thereto.

[Approved July 5, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 391 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. If a person who
is or was employed by a school district is charged by criminal complaint with
assault, battery or a similar crime as a result of his actions in attempting to
maintain a safe or peaceful school environment, the school district shall, as
soon as practicable, provide for the legal defense of the employee in that
case. The school district shall not require a waiver of the attorney-client
privilege as a condition of providing the defense.

2. In any case in
which the school district is required to provide for an employees legal
defense pursuant to subsection 1, the court shall include in its judgment a finding
as to whether the conduct of the defendant which was alleged to be criminal was
within the scope of his employment and whether the conduct was malicious or
wanton.

3. If the court
finds that the conduct of the defendant was not within the scope of his
employment or was wanton or malicious, the employee or former employee is
liable to the school district for the amount expended by the school district
for his defense.

Sec. 2. The provisions of
this act apply to any criminal action filed on or after the effective date of
this act.

Sec. 3. This act becomes
effective upon passage and approval.

________

CHAPTER 826, SB 222

Senate Bill No. 222Senator Getto

CHAPTER 826

AN ACT relating to Lincoln County;
authorizing an additional levy of taxes ad valorem; making an appropriation
contingent on the imposition of that additional tax; and providing other
matters properly relating thereto.

[Approved July 5, 1989]

whereas, In
1981, the Nevada Legislature substantially revised the laws governing the financial
structure of the local governments in this state; and

whereas, Each
local governments property tax rate was reduced and various controls were
instituted that limited the amount of revenue which could be received by a
local government; and

whereas, These
controls have resulted in various fiscal problems over the past few years for
Lincoln County; and

whereas, Lincoln
County will not be able to continue providing the basic services for which it
was created unless the legislature revises the provisions governing the amount
of revenue the county may receive from taxes ad valorem to provide a permanent
additional source of funding; and

whereas, The
legislature finds and declares that a general law cannot be made applicable to
the situation because of the number of atypical factors and special conditions
concerning the financial condition of Lincoln County; now, therefore,

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. There is hereby
contingently appropriated from the reserve fund for the supplemental
city-county relief tax fund to Lincoln County the sum of $100,000.

Sec. 2. Notwithstanding the
provisions of chapter 354 of NRS, the board of county commissioners of Lincoln
County may increase the rate of taxes ad valorem of the county for the
1989-1990 or 1990-1991 fiscal year by an amount which will result in additional
revenue of not more than $100,000.

Sec. 3. The executive
director of the department of taxation shall report to the interim finance
committee any increase in revenue from taxes ad valorem resulting from an
increase in the tax rate made pursuant to section 2 of this act.

Sec. 4. The interim finance
committee shall direct the state controller to transfer to the county treasurer
of Lincoln County an amount of the appropriation made by section 1 of this act
equal to the amount of increase in revenue reported by the executive director
pursuant to section 3 of this act. The total amount of money transferred for
the 1989-1990 and 1990-1991 fiscal years must not exceed the amount
appropriated by section 1 of this act.

Sec. 5. 1. The
executive director of the department of taxation shall increase the allowed
revenue from taxes ad valorem of Lincoln County by an amount equal to the
additional revenue resulting from the increase in the tax rate made pursuant to
section 2 of this act.

(b) May only be made for the 1989-1990 or
1990-1991 fiscal year and must be included in the basis for the calculation of
the allowed revenue from taxes ad valorem in all future years; and

(c) Must be excluded from all calculations
affecting the distribution of the revenue from the supplemental city-county
relief tax pursuant to NRS 377.057.

Sec. 6. Any balance of the
sum appropriated by section 1 of this act which has not been transferred to
Lincoln County on December 1, 1990, reverts to the emergency fund for the
supplemental city-county relief tax fund on that date.